Slashdot Mirror
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."
Deep down inside they are suing because they don't like Gingrich. Just my guess though.
So many times, it happens too fast
You trade your passion for glory
EXCUSE ME ?!?!?!?!?!
morcego
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...
I'm not sure that's a correct statement. Maybe it isn't direct, but he is using it in what essentially amounts to advertising. These events are not private parties, so the private party exemption (specific to music) is also gone.
I do believe, however, that Rude Music is in for a rude awakening because of a thing called compulsory licensing. In essence, they can collect money for their product, but they have to offer it to all comers, and, if memory serves me, they must do so with non-discriminatory pricing.
www.wavefront-av.com
Maybe he should try Weird Al's "Theme from Rocky XIII(The Rye or the Kaiser)". Not only is it more appropriate, Weird Al might let them use it for free.
Great civilizations have lived and died on false theories. Don't mess up mine with a few facts.
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.
How long before a law gets passed that exempts politicians from copyright restraint?
It's a standard procedure to pass a law and then exempt themselves anyway.
In the mean time, any of them can feel free to use the following:
(to the beat of "I like Big Butts")
I'm a rich, white guy and I sure can lie!
I don't talk to brothers (you know why!)
A lobbyist walks in I gotta get a little taste
of the cash that's in my face,
I get sprung, wanna pull in the dough
It gets me so hot you know!
It's for power and cash that I'm caring
I'm hooked and I won't be sharing
I'm a real Good Ol' Boys fixture,
So now do ya get da picture?
Massive apologies to Sir Mix-A-Lot...
You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
In other words, if the Gingrich Campaign is paid up with ASCAP, they can play Eye of the Tiger all they want, even if the writers of that song disagree vehemently with Mr. Gingrinch's politics. The writers could go their own and not deal with ASCAP, which I kind of doubt they did, and hence retain more control over their works, but then they are on their own and lack ASCAP's "muscle" in getting the tithe paid.
If the Gingrich people are not paid up with ASCAP or BMI, well, some lame capitalists they are and Mr. Gingrinch doesn't deserve to run for President on account of legal ignorance.
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