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Eye of Tiger Composer Sues Gingrich To Stop Campaign From Using Song
First time accepted submitter Joe_Dragon writes "The composer of the Survivor hit Eye of the Tiger has sued Newt Gingrich to stop the Republican presidential candidate from using the Rocky III anthem at campaign events. The lawsuit was filed Monday in federal court in Chicago by Rude Music Inc., the Palatine-based music publishing company owned by Frank Sullivan, who, with Jim Peterik, composed the song and copyrighted it in 1982. The lawsuit states that as early as 2009, Gingrich has entered rallies and public events to the pulsing guitar riffs of the song. In a lengthy section of the five-page complaint, Rude's attorneys point out that Gingrich is well aware of copyright laws, noting he is listed as author or co-author of more than 40 published works and has earned between $500,000 to $1 million from Gingrich Productions, a company that sells his written work, documentaries and audio books. It also notes Gingrich's criticism of the 'Stop Online Piracy Act' during a recent debate in South Carolina, where Gingrich suggested the law was unnecessary because 'We have a patent office, we have copyright law. If a company finds it has genuinely been infringed upon, it has the right to sue.' The suit asks for an injunction to prevent Gingrich from using the song, as well as damages and attorneys' fees to be determined by the court."
Is that Jim Peterik, the co-author, is not suing, and doesn't mind that Gingrich uses it... "Chicago-born Frankie Sullivan co-authored the Grammy award-winning song with fellow Survivor founding member Jim Peterik. However, Peterik is not party to the lawsuit and reportedly said that he didn't have a problem with Gingrich using it, according to a Sun Times report." http://www.ibtimes.com/articles/290196/20120131/gingrich-sued-copyright-infringement-eye-tiger-rocky.htm
There Can Be Only One...
As long as the music is not tied to any particular part of the event, it's covered under a venue's ASCAP license.
But.
If the music is synchronized to a video montage, or used as part of an announcement or otherwise synchronized with something, the campaign has entered into the area of "Synchroization Rights". These are covered on a contract-by-contract basis between the music publisher and the user.
"A synchronization or "synch" right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is "synchronized" or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program." (http://www.ascap.com/licensing/termsdefined.aspx)
If it's worth doing, it's worth doing for money.
My wife is a foreign national and we had to go through the immigration process for her to receive her green card. We didn't use a lawyer, the process cost us about $2000 in filing fees and took about 9 months from filing until she had the card in her hand.
I'm typically more liberal when it comes to social issues but not on immigration. Name me one other developed nation that has such leniency for undocumented aliens.
I don't want to keep people out if they truely want to be here, they just have to follow the rules and do it the right way. If they sneak across the border and live in the shadows or under a false name and credentials.. I have no sympathy if they get caught and shipped back to their home country.
There are cheaper ways to gain temporary legal residency if $2000 is too much to apply for the green card. In that time money could be saved to eventually go through that process.
"Action without philosophy is a lethal weapon; philosophy without action is worthless."
As your spouse, your wife literally got to walk to the front of the line for her green card. As an immediate relative (spouse) she fits the category with no waiting period, and for which 226,000 green cards are allotted each year. In fact, she gets to step in front of every other category, including - child of citizen - 2 year waiting period, unless you are mexican - 4-5 year waiting period, or Filipino - 11 year waiting period, and then every other possible relation with increasing waiting periods just to get paperwork processed (up to 19 years in some cases).
Everyone else who wants to come here has to put their name into a lottery, from which only 55,000 are chosen each year.
It's easy to talk about how everyone should just do it the right way, when you are able to walk to the front of the line in front of those you are lecturing.
If it's worth doing, it's worth doing for money.
The profit from a copy argument is still a vestige of the pre-digital days of music labels controlling everything. There are no profits from copied digital works. They cost nothing to create and and can be infinitely created. They have no value in and of themselves.
There are profits to be made from 'convenient delivery' of digital works...see iTunes. There are profits to be made using digital works to drive people to buy scarce physical things like concert tickets, t-shirts and other merchandise.
See xkcd.com. A free online comic that built up enough fans to be able to sell physical copies of something that is widely available for free. LOLCats is another site doing fairly well by providing something for free.
The little guy has never had it so good as today. The old gate keepers (RIAA/MPAA/publishers) that controlled who would be successful and who wouldn't are becoming irrelevant.
People in cars cause accidents....accidents in cars cause people