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Music rights are “Fair Use?”
For those who didn’t know, Jackson Browne has a lawsuit pending against the McCain campaign here in the U.S. for the unauthorized use of his song, “Running on Empty” in a McCain campaign commercial.
The McCain campaign just filed two motions, one of which claims the use of the song as “fair use.” I’ve never heard of anyone trying to justify the use of original, copyrighted music as “fair use” in a commercial. This will be interesting to see if this is accepted as it could open a floodgate for people to claim the use of music as “fair use” for just about anything a lawyer can justify.
The second motion actually countersues Jackson Browne saying his original lawsuit has a chilling effect on free speech. That seems pretty outrageous as well.
here’s the whole story
https://www.msnbc.msn.com/id/27820970/
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
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14 Replies
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How do they have any money left for this?
The “political use” vs. “commercial use” argument is the only sane point. After all, if a politician can’t get any hip musical artists to support him, he’s fighting at a disadvantage. Is that fair? Probably.
I think the McCain camp was really hoping that they could get away with it. And I hope that was a big mistake.
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The McCain campaign also complained about their own videos that were removed from YouTube for copyright violations, even though YouTube was complying with the DMCA which McCain supported. I guess he should have thought of the implications of that law before he voted for it.
https://www.theregister.co.uk/2008/10/15/mccain_campaign_wants_youtube_dmca_special_treatment/
These two incidents just prove that it isn’t just the younger generation that feels all entitled when it comes to copyright.
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Eric Susch
http://www.LetsKnit2gether.com
http://www.EricSusch.com
Follow me on twitter @EricSusch -
I just want a law that says a decision-maker will fully read and comprehend the Springsteen lyrics to “Born in the USA” before stupidly suggesting it as a $%#%^$ campaign song or 4th of july fireworks backing track.
And there goes my blood pressure again…
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Yes, Mark, I always smile whenever people use “Born In the USA” as a song of patriotism. It just confirms to me that many people don’t really listen to words, focusing instead on the ones that get repeated over and over.
:o)
Ron Lindeboom
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Well if you repeat it often enough, and loud enough, most people will believe it.
moody glasgow
editing.compositing.design -
In the words of Tommy Smothers at the 2008 Emmys.
“Just one last thought… There’s one word that exist in every language on the face of the earth,
in every society from the time of man beginning to speak, and the word is Truth. It exist in every language and it means exactly the same thing.
To remind you of what it is
Truth is what you get other people to believe…”
Thank YouSeems appropriate
Drew
Chaos is the beginning of everything.
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[Mark Suszko] “I just want a law that says a decision-maker will fully read and comprehend the Springsteen lyrics to “Born in the USA” before stupidly suggesting it as a $%#%^$ campaign song or 4th of july fireworks backing track. “
Amen to that brother.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
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Aw come on, Mark.
If knuckleheaded brides could decide to walk down countless aisles to the “romantic” strains of Sting’s uber stalker song “Every Breath You Take” – and legions of little kids across America can now safely mime on grade school stages to the Village People’s YMCA blythly unaware of it’s arch 1970s gay cultural genesis – we can surely tolerate the politicos who use Springsteen – someone I’ve idolized since I bought Greetings from Asbury Park the week it was released – never “getting” the fundamental message of the songs they’re using.
Heck, a lot of us know video guys who work these political gigs and I couldn’t find it in my heart to stick the ones who work the RED side of the aisle with nothing but Lee Greenwood, Hank Jr. and The Big & Rich guy. Without tossing in at LEAST some Emmylou, Dolly, or some Charlie Daniels – it’s would be Cruel & Unusual Punishment, defined.
On second thought, I could live with Greenwood simply being snatched by federal marshalls – confronted by Stacy from “What NOT to Wear” – and having a permanent federal injunction against FRINGE levied against him.
On third thought, perhaps someone should pass a law that all political campaigns have to use BUYOUT music.
That would show them!
Just rambling here…
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So… Did the McCain campaign make an agreement (with consideration) to get the rights? If not, I don’t see it as much of a case. If musicians aren’t paid for their work, that creates more than a chilling effect – it puts them out of business. If the rights were paid for, then Jackson Brown has no case.
Sure it’s simplistic, but if I were a judge, I’d simply ask for the documentation. The politics of the players doesn’t matter to me. It’s certainly not a chilling effect for political speech if McCain campaign didn’t have an agreement for the rights.
If the judge says that’s the case, why not have every amateur video editor claim they ought to be able to use Van Halen music and Barbie and GI Joe dolls in their cheesy car commercials. Charging a million dollars for those rights “puts a chilling effect” on my ability to compete with those agencies that can afford to pay that amount for those rights. 😉
(Hope I don’t have too much of an accent with my tongue this far in my cheek.) -
[Timothy J. Allen] “Did the McCain campaign make an agreement (with consideration) to get the rights? If not, I don’t see it as much of a case. If musicians aren’t paid for their work, that creates more than a chilling effect – it puts them out of business. If the rights were paid for, then Jackson Brown has no case.”
My understanding of the matter is that, at some point, the McCain people were issued a cease and desist order. Then, they asked for, but were denied permission to use the song. However, they went ahead and used the song anyway.
In many copyright cases that type of disregard of a warning by the owner has been grounds for the reward punitive damages, which can pay many times over the standard damages typically awarded. So, the RNC may be in for a rather substancial bill if the don’t prevail.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.
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