No "Barracuda" For You!!

[Mandibleclaw]

This might be a little embarrassing

Thursday afternoon, Heart e-mailed out a statement regarding vice-presidential candidate Sarah "Barracuda" Palin's use of their similarly monikered song at the Republican National Convention: "The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission," it read. "We have asked the Republican campaign publicly not to use our music. We hope our wishes will be honored."

But after McCain finished his speech accepting the GOP's presidential nomination tonight, Palin joined him on stage, and the song was used again: Heart's "Barracuda" played as balloons fell. With that elephant in the room, Heart's Nancy Wilson felt compelled to personally respond. "I think it's completely unfair to be so misrepresented," she said in a phone call to EW.com after the speech. "I feel completely f---ed over." She and sister Ann Wilson then e-mailed the following exclusive statement:

"Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image. The song 'Barracuda' was written in the late 70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women. (The 'barracuda' represented the business.) While Heart did not and would not authorize the use of their song at the RNC, there's irony in Republican strategists' choice to make use of it there."

The Heart-McCain incident isn't the only example of music-related controversy on this year's presidential campaign trail. Click here to read Chris Willman's report about Barack Obama's eyebrow-raising use of Brooks & Dunn's "Only in America" after his nomination-acceptance address last week.

http://hollywoodinsider.ew.com/2008/09/heart-responds.html

[LilSooner]

I was just about to post something about this. Apparently they need to stick with music from Daddy Yankee and Big and Rich.

[The Maestro]

Well, Heart should be glad for any publicity they can get. Aren't they playing casinos nowdays? Heck, Brooks and Dunn played "Only in America" at GWB's inaguration and said they were flattered Obama used it...said they were glad their song crossed party lines and inspires people from both sides.

Ann and Nancy should get back on their treadmills and be thankful for ANYONE playing their music these days.

[BigRedJed]

I was just about to post something about this. Apparently they need to stick with music from Daddy Yankee and Big and Rich.
Ted Nugent would probably also offer up some of his tunes. Wang Dang Sweet Poontang, maybe?

[StoopTroup]

The funniest thing this....it was the Republicans that seemingly got PO'd about Obama's Campaign using the Brooks and Dunn music.

Now they have been called out and the Wilson Sister's should be boycotted.

The Campaign with the smallest train-wreck wins?

http://popwatch.ew.com/popwatch/2008/08/only-in-america.html


Forget the audacity of hope, for a moment. How about the audacity of the Democrats stealing the Republicans’ favorite song? :rolleyes: If you’re not aware of the history of the GOP using “Only in America,” a refresher is in order: Brooks & Dunn played it at the Bush inauguration in 2000. At the 2004 GOP convention, Dick Cheney used it as his exit music after his speech. And President Bush frequently used it on the campaign trail four years ago, even asking Brooks & Dunn to come out and play it live at rallies in the final week of the race. So you have to think its sudden repurposing served two purposes for the Democrats. Number one, it told millions of Americans that Obama is heartland-friendly enough to use a country smash rather than a Will.i.am ditty to cap off perhaps the most critical moment of his career to date. And number two, for anyone aware of the tune’s political history, it was also a subtle, funny, knowing tweak — too benign to really count as an old-school dirty trick, but almost in that risible spirit.

This counts for some of the stupidest **** I've seen so far.

My lovely Wife (A Republican btw) came home with a couple of lists that show what John McCain and Barrack Obama are both promising. Obama's list is about double what McCain's list is.

We are going to do more research on what we have in front of us before we decide who we are going to vote for. Stuff like this also has an effect on us as voters. A negative effect...but it's an effect. I really don't care who's feelings got hurt because someone thought their song was a perfect "Moment in Time" song. You should be honored that anyone even remembers your freaking song. Whether it's The Wilson Sisters or Kix Brooks and Ronnie Dunn...the idea of outrage by either of them is just idiotic IMO. I'd be more upset that I didn't get a royalty...if in fact they didn't.

Anyway...Folks need to stay focused on who's really going to be the best Team for America now IMO.

Just sayin'

ST

[Chuck Bao]

Oh, she is going down in flames. The right-wing pubs set her up for that with that negative attack speech she gave at the convention.

Kid gloves are off.

I dont remember anyone in US politics ever being set up so for such a downfall. This will be sad thing to see happen to anybody. Stopping all interviews will not help.

McCain allowed this to happen and that is pretty much proof that he has no business being in the White House.

[Okla-homey]

Oh, she is going down in flames. The right-wing pubs set her up for that with that negative attack speech she gave at the convention.

Kid gloves are off.

I dont remember anyone in US politics ever being set up so for such a downfall. This will be sad thing to see happen to anybody. Stopping all interviews will not help.

McCain allowed this to happen and that is pretty much proof that he has no business being in the White House.

Please. The woman is more popular than Obama already. And its only been a week since her debut on the national scene. People like what she's selling bro. Hope and change grounded in reality and fiscal responsibility. And did I mention she shoots game from a helicopter? Be still my beating heart.

[Sooner24]

Please. The woman is more popular than Obama already. And its only been a week since her debut on the national scene. People like what she's selling bro. Hope and change grounded in reality and fiscal responsibility. And did I mention she shoots game from a helicopter? Be still my beating heart.

You forgot to mention that she field dresses it afterwards.

[StoopTroup]

I agree with Homey for the most part.

I don't think she got much of a "Heads up" before being picked and they are now having to do Coaching Sessions with her and John to shore things up.

Just my 2 cents.

She really got put in a tough spot. But...she could have said "No Thanks" too.

[King Crimson]

maybe they could use Fergie's version....it's probably outside copyright.

[StoopTroup]

I think the Winner gets to be POTUS and the loser should become VP.

Now there's a way to make some change....

[BigRedJed]

....back to the way things USED to run.

[Veritas]

I've always thought it was BS when artists cry about some politician (usually a 'pub) who uses their song. It's usually someone nobody gives a rip about anymore.

Take Heart. Thanks to the RNC they might actually do something they haven't done in a long time: sell albums.

[King Crimson]

the real deal is that BOTH parties need to get over the baby boomer "rock" classics (don't stop thinking about tomorrow, born in the USA, barracuda etc.) and get on with not living in the past in general.

[swardboy]

Rush Limbaugh went through this with the Pretenders song "My City Was Gone", which is his opening theme song. Chrissie tried, but couldn't get him to stop using it. What's any different with the Wilson sisters?

[GottaHavePride]

Ted Nugent would probably also offer up some of his tunes. Wang Dang Sweet Poontang, maybe?

Mr. Bungle's Girls of Porn maybe?

[King Crimson]

Mr. Bungle's Girls of Porn maybe?

Mr. Bungle spek for GHP. get some Naked City or some of the Zorn solo stuff.

[RUSH LIMBAUGH is my clone!]

Rush Limbaugh went through this with the Pretenders song "My City Was Gone", which is his opening theme song. Chrissie tried, but couldn't get him to stop using it. What's any different with the Wilson sisters?I think Rush paid/pays the Pretenders for the right to use it. He doesn't even use any of the singing parts.

[swardboy]

So they sold out on their principles? Phwwwwwft....liberals.

[r5TPsooner]

I've always thought it was BS when artists cry about some politician (usually a 'pub) who uses their song. It's usually someone nobody gives a rip about anymore.

Take Heart. Thanks to the RNC they might actually do something they haven't done in a long time: sell albums.

McCain should have demanded some Motley Crue be played at the RNC.

Kickstart My Heart would have been a good place to start IMHO.:D

[OUstudent4life]

Nah, McCain should have used something from his youth, to show he's still hip and with it...

Gregorian Chant is about the right timeframe, right?

;);)

[GottaHavePride]

When I run for president, my campaign song is going to be didgeridoo music.

Which is awesome, because true aborigines only play the didgeridoo for religious ceremonies, so they'd refuse to play anything.

I would have to substitute Tower Of Power at the last minute. People's heads would asplode from sheer awesome.

[Ike]

Instead of demanding that they stop, they should have simply demanded their royalties. Maybe even sic the RIAA lawyers on em to snoop around the RNCs Bit Torrent accounts and find ridiculous things to sue them about.


If for no other reason than to show them how ridiculous copyright law has become in this country.

[GottaHavePride]

http://www.divemagazine.co.uk/news/images/Barracuda2006SRogerson1.jpg

LOOK! It's Nancy Wilson.

[GottaHavePride]

No Barracuda?

http://www.dragtimes.com/images/3422-1967-Plymouth-Barracuda.jpg

Why do they hate Vin Diesel?

[King Crimson]

If for no other reason than to show them how ridiculous copyright law has become in this country.

here, here!

the digital world is not the 19th Century.

[Veritas]

LOOK! It's Nancy Wilson.
She's lost weight.

[SoonerStormchaser]

That was Ann Wilson who was the whale...and, as of late July in Dallas, she still is packing it in.

[proud gonzo]

America! **** YEAH!

[John Kochtoston]

Instead of demanding that they stop, they should have simply demanded their royalties. Maybe even sic the RIAA lawyers on em to snoop around the RNCs Bit Torrent accounts and find ridiculous things to sue them about.


If for no other reason than to show them how ridiculous copyright law has become in this country.

To add to this, my understanding (and it could be mistaken) is that is if someone is bound and determine to use your song, there's not a whole lot you can do except demand royalties as per the schedule in the federal copyright code. The whole reason they negotiate is to try to get a lower rate than what copyright law requires.

[Rogue]

I don't know about any fancy-schmancy copyright law, but it seems reasonable that if someone is playing a song...that's what songs are for.
If they play it along with making a profit (Rush playing Pretenders maybe an example) then royalties make some sense. If they play it at an event that isn't geared toward profit then maybe not so much. The conventions are fund-raisers but not for "profit" are they? I suppose the spoils are the most coveted office in the government, but at least in theory one doesn't buy this but buy advertising instead. The voters vote, not respond to some kind of payment they receive.

Artists are often eccentrics that take themselves too seriously. Probably a bunch of 'em on the SO. ;)

[Ike]

To add to this, my understanding (and it could be mistaken) is that is if someone is bound and determine to use your song, there's not a whole lot you can do except demand royalties as per the schedule in the federal copyright code. The whole reason they negotiate is to try to get a lower rate than what copyright law requires.

Actually, thats not true (at least not according to this guide to using copyrighted work: http://www.copyright.iupui.edu/permsec.htm ). In order to use a copyrighted work, the user must obtain permission from the copyright holder, and the negotiation to get that permission may include royalty payments. (This seems to jive with what I remember...For example: Beatles songs cannot be used in commercials unless they are used in a "tasteful" manner, and are not the original recordings, because this is how Apple Records wants it to be. *edit* So I think the rules that they apply have been relaxed in recent years, but for a long time, they didn't allow their songs to be used in commercials, period.)

Now, use at a convention *might* constitute "fair use" of the copyrighted work. However, given that many on the conservative side (and also many on the not-so-conservative side) have supported the whittling away of fair use provisions in copyright law, it would be mildly ironic to claim fair use. I'd imagine that if they did, the courtroom antics might be fun to watch though.

[John Kochtoston]

shows what I know. That's what I get for getting legal advice from cecil Adams. Though I thought that my post was weird al's ultimate defense against coolio for Amish paradise. There was a dispute as to whether al had correctly obtained permission, and ultimately, al basically said that as long as the check clears, It really doesn't matter if I have permission. I could be misremembering, though.

http://www.straightdope.com/columns/read/290/must-you-get-permission-to-record-someone-elses-song

[stoopified]

I'm sick of politics,lets vote alraedy.

[Okla-homey]

shows what I know. That's what I get for getting legal advice from cecil Adams. Though I thought that my post was weird al's ultimate defense against coolio for Amish paradise. There was a dispute as to whether al had correctly obtained permission, and ultimately, al basically said that as long as the check clears, It really doesn't matter if I have permission. I could be misremembering, though.

So let the Wilson sisters sue. Big hairy deal. It would cost them more money to litigate it than they could ever hope to recover. heh.

[Ike]

shows what I know. That's what I get for getting legal advice from cecil Adams. Though I thought that my post was weird al's ultimate defense against coolio for Amish paradise. There was a dispute as to whether al had correctly obtained permission, and ultimately, al basically said that as long as the check clears, It really doesn't matter if I have permission. I could be misremembering, though.

http://www.straightdope.com/columns/read/290/must-you-get-permission-to-record-someone-elses-song

You're talking about a different beast altogether. Covering someone elses song is vastly different than using someone elses recording of a song. It may not seem that way, but it is. If the RNC wanted to have someone else record Barracuda, and play that version, Heart would still have some amount of bickering they could do, and payments they can demand, but they couldn't prevent them from using someone elses recording of their song...provided they get paid.

[Ike]

So let the Wilson sisters sue. Big hairy deal. It would cost them more money to litigate it than they could ever hope to recover. heh.


if they managed to get the RIAA to handle the litigation, they wouldn't have to worry about the cost...

[John Kochtoston]

You're talking about a different beast altogether. Covering someone elses song is vastly different than using someone elses recording of a song. It may not seem that way, but it is. If the RNC wanted to have someone else record Barracuda, and play that version, Heart would still have some amount of bickering they could do, and payments they can demand, but they couldn't prevent them from using someone elses recording of their song...provided they get paid.

Ahh. I see the difference now. Thanks.

[Zbird]

Please. The woman is more popular than Obama already. And its only been a week since her debut on the national scene. People like what she's selling bro. Hope and change grounded in reality and fiscal responsibility. And did I mention she shoots game from a helicopter? Be still my beating heart.

Hmmm Thought shooting game from a motor vehicle was illegal.

[mynameisjoe]

the real deal is that BOTH parties need to get over the baby boomer "rock" classics (don't stop thinking about tomorrow, born in the USA, barracuda etc.) and get on with not living in the past in general.

Speaking of which, it always cracks me up when political candidates use born in the USA as a patriotic anthem. Because nothing says "America Rules!" like a song about coming home from Vietnam to a crappy life

[Ike]

Heh...

The former guitarist for Heart has a very different take on the whole matter:


But one of Barracuda's co-writers, former Heart guitarist Roger Fisher, said he was "thrilled" with the "ingenious placement of a kick-*** song".

However, he later told Reuters that he supported the Democratic ticket and would be donating some of the royalties to Barack Obama's campaign.

"With my contribution to Obama's campaign, the Republicans are now supporting Obama," he said.

http://news.bbc.co.uk/2/hi/entertainment/7602950.stm

[Vaevictis]

Actually, thats not true (at least not according to this guide to using copyrighted work: http://www.copyright.iupui.edu/permsec.htm ). In order to use a copyrighted work, the user must obtain permission from the copyright holder, and the negotiation to get that permission may include royalty payments.

The guide is incomplete and outdated.

There are certain circumstances in which mandatory licensing exists by statute. I don't know if this is one of those cases, though.

(FWIW)

EDIT: Heh, and if this isn't one of those cases, wait until Congress is in session again. I see yet another exception carved out for politicians coming down the pike. ;)

[Okla-homey]

if they managed to get the RIAA to handle the litigation, they wouldn't have to worry about the cost...

I think pretty near the top of lobby/trade association rulz is "do not sue people whom you hope to influence for the benefit of association members".
;)