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Music rights are “Fair Use?”
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The campaigns first amendment complaint is that they were using the song in the context of political speech, and that curtailing that is what the 1st amendment specifically is targeted at… (among other things).
So…. I guess (and I’m just ‘trying’ to analyze this from their legal/opportunistic perspective) they are claiming that they made ‘fair use’ of the song by, uh, what ? Parody ? Parody is definitely defendable fair use. But that seems contrary to the ‘spirit’ of the ad I saw which clearly had the tune as being supportive of the McCain message.
But Parody is pretty wide ranging in definition. It’s NOT inconceivable to me that the RNC could support a fair use claim in the cloak of political commentary via parody. Remember: These guys successfully put an administration in place that ruled the free world via COURT ORDER. Whatever your politics might be, you have to admire their super jedi use of litigation for political end. You think they’re afraid of copyright p’shaw…
Much love to some old cows around here… Long time…
Bob Bonniol
MODE Studios
http://www.modestudios.com
Contributing Editor, Entertainment Design Magazine
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“Ohh, Doctor, my eyes…”
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was McCain using the song to promote himself or to attack his opponent. “Running on Empty” seems to describe running without any energy or substance, realizing your life has passed you by and that you are out of steam. If McCain was using this to describe himself, then Jackson Browne should drop his case, as this would be another example of a politician not reading the lyrics.
The Born in the USA comments are the most telling of all. Springsteen must get a good laugh when that song gets used for pretty much any reason.
Mike
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I’ll never forget the day that I was told to cut high school football footage destined for an award dinner, to the triumphant notes of “We Are the Champions” by Queen. Half way through the session I couldn’t stand it anymore. I turned and said, “You know this song is about gay pride, right?”
And then there was silence…
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Eric Susch
http://www.LetsKnit2gether.com
http://www.EricSusch.com
Follow me on twitter @EricSusch
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