RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty

RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (Full Version)

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willbeurdaddy -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:37:08 PM)
quote: ORIGINAL: juliaoceania quote: ORIGINAL: willbeurdaddy FR Theft implies they didnt provide the proper notices and royalties in a timely manner. Got any evidence of that? They had no permission to use the tune. If you take what belongs to someone else without asking for it this is theft. It does not matter that you pay for the item after you take it, unless the person was willing to sell it, it is still stealing. If I take your car and leave a check for the blue book value, it is still car theft Too bad you are apparently clueless on copyright law wrt music. Permission is NOT needed unless the work is altered in some way, and there is even an exception where permission is not needed to parody a song. If the law doesnt say its theft, it isnt.

Moonhead -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:37:11 PM)
quote: ORIGINAL: willbeurdaddy quote: ORIGINAL: juliaoceania quote: Seems like a petty, whiny nagging complaint On Tom Pettys part, of course (No pun intended) He sounds like he is crying throughout most of his songs, this is not a surprise Lets say that you had an original idea (I know I am stretching your ability to imagine, but for the sake of argument, lets say you did) and Barrack Obama took your idea and co-opted it to get his ass elected, would you whine over it? Now, I do not expect an honest answer from those who support criminals and thieves, but I want to see you on record saying it is okay to rip off other people. Again the baseless accusations of "ripoff". What evidence do you have that they didnt provide any necessary notices and royalties? What evidence do you have that they sought permission first?

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:40:28 PM)
quote: ORIGINAL: willbeurdaddy quote: ORIGINAL: juliaoceania quote: ORIGINAL: willbeurdaddy FR Theft implies they didnt provide the proper notices and royalties in a timely manner. Got any evidence of that? They had no permission to use the tune. If you take what belongs to someone else without asking for it this is theft. It does not matter that you pay for the item after you take it, unless the person was willing to sell it, it is still stealing. If I take your car and leave a check for the blue book value, it is still car theft Too bad you are apparently clueless on copyright law wrt music. Permission is NOT needed unless the work is altered in some way, and there is even an exception where permission is not needed to parody a song. If the law doesnt say its theft, it isnt. I wonder then how artists keep on insisting that their work not be ripped off from them when republican after republican thinks it is within their rights to use it?

mnottertail -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:46:30 PM)
quote: ORIGINAL: willbeurdaddy quote: ORIGINAL: juliaoceania quote: ORIGINAL: willbeurdaddy FR Theft implies they didnt provide the proper notices and royalties in a timely manner. Got any evidence of that? They had no permission to use the tune. If you take what belongs to someone else without asking for it this is theft. It does not matter that you pay for the item after you take it, unless the person was willing to sell it, it is still stealing. If I take your car and leave a check for the blue book value, it is still car theft Too bad you are apparently clueless on copyright law wrt music. Permission is NOT needed unless the work is altered in some way, and there is even an exception where permission is not needed to parody a song. If the law doesnt say its theft, it isnt. Oh, I am sorry wilbur, you lose take off your pants. Wrong as always!!!! (check chapter 107). http://www.copyright.gov/title17/92chap1.html Permission and contracts are required. Insofar as under parody, the only parody was Bachmann (de facto), not Petty.

willbeurdaddy -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:50:50 PM)
quote: ORIGINAL: juliaoceania quote: ORIGINAL: willbeurdaddy quote: ORIGINAL: juliaoceania quote: ORIGINAL: willbeurdaddy FR Theft implies they didnt provide the proper notices and royalties in a timely manner. Got any evidence of that? They had no permission to use the tune. If you take what belongs to someone else without asking for it this is theft. It does not matter that you pay for the item after you take it, unless the person was willing to sell it, it is still stealing. If I take your car and leave a check for the blue book value, it is still car theft Too bad you are apparently clueless on copyright law wrt music. Permission is NOT needed unless the work is altered in some way, and there is even an exception where permission is not needed to parody a song. If the law doesnt say its theft, it isnt. I wonder then how artists keep on insisting that their work not be ripped off from them when republican after republican thinks it is within their rights to use it? Objecting and asking for courtesy in not using it is not the same as claiming its been ripped off. If they claim that they need to talk to their managers/lawyers and be told what the law is.

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 1:57:50 PM)
http://www.thelawinsider.com/insider-news/politicians-pay-the-price-for-using-unauthorized-music/ The artist typically sues or threatens to sue the candidate for the unauthorized use of the song. In most cases, after much ado and public relations posturing on both sides, the candidate and the artist reach a settlement and the candidate ultimately discontinues use of the song. snip DeVore refused to settle. Rather, his lawyers maintained that the Internet videos “at least in part” commented on Henley and his work, and therefore met the standard for a parody. They argued that it was no accident that DeVore chose Henley’s music because the candidate was seeking a “prominent” entertainment figure to underscore his point of taking on “the Hollywood and entertainment elite” who helped President Obama and Senator Boxer get elected. Not only did DeVore lose in the Republican primary, he also lost in court. In June a U.S. district court judge ruled that DeVore’s new lyrics to “The Boys of Summer” and “All She Wants to Do is Dance” are not a fair use under the Copyright Act. The judge ruled the new lyrics did not rise to the level required for parody, which is a defense to copyright infringement. snip Don Henley commented, “My colleagues and I brought this lawsuit to protect our music from being taken and used, without permission, to promote someone else’s agenda. It was not a question of political ideology, but the right of artists to control the use of the works they create, and protect their livelihoods. . . . This is a moral victory and a victory for every copyright holder in the United States. We set a precedent that will likely discourage this kind of behavior [i.e., unauthorized uses of copyrighted songs by political campaigns]. I think this is going to have a very positive effect on the creators of music.” The court’s ruling in this case confirms that when it comes to music, political candidates, like everyone else and regardless of affiliation, must pay to play.

willbeurdaddy -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:00:18 PM)
quote: ORIGINAL: juliaoceania http://www.thelawinsider.com/insider-news/politicians-pay-the-price-for-using-unauthorized-music/ The artist typically sues or threatens to sue the candidate for the unauthorized use of the song. In most cases, after much ado and public relations posturing on both sides, the candidate and the artist reach a settlement and the candidate ultimately discontinues use of the song. snip DeVore refused to settle. Rather, his lawyers maintained that the Internet videos “at least in part” commented on Henley and his work, and therefore met the standard for a parody. They argued that it was no accident that DeVore chose Henley’s music because the candidate was seeking a “prominent” entertainment figure to underscore his point of taking on “the Hollywood and entertainment elite” who helped President Obama and Senator Boxer get elected. Not only did DeVore lose in the Republican primary, he also lost in court. In June a U.S. district court judge ruled that DeVore’s new lyrics to “The Boys of Summer” and “All She Wants to Do is Dance” are not a fair use under the Copyright Act. The judge ruled the new lyrics did not rise to the level required for parody, which is a defense to copyright infringement. snip Don Henley commented, “My colleagues and I brought this lawsuit to protect our music from being taken and used, without permission, to promote someone else’s agenda. It was not a question of political ideology, but the right of artists to control the use of the works they create, and protect their livelihoods. . . . This is a moral victory and a victory for every copyright holder in the United States. We set a precedent that will likely discourage this kind of behavior [i.e., unauthorized uses of copyrighted songs by political campaigns]. I think this is going to have a very positive effect on the creators of music.” The court’s ruling in this case confirms that when it comes to music, political candidates, like everyone else and regardless of affiliation, must pay to play. Doesnt apply to this situation, the lyrics havent been changed, she just used the actual recording.

mnottertail -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:03:12 PM)
you are sinking farther into a hole, dude. read 107. the actual song, now. You really shouldn't open your mouth as a shithouse lawyer, you are burying her.

Lucylastic -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:14:20 PM)
Her "people" have received a cease and desist notice... I bet she doesnt play it again after this...

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:20:31 PM)
quote: ORIGINAL: Lucylastic Her "people" have received a cease and desist notice... I bet she doesnt play it again after this... I wonder, why would Tom Petty be able to issue such an order unless there was some law in place to protect his music? It is not a criminal law, it is a civil law, but it is a law nonetheless

Moonhead -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:33:41 PM)
This is a man who took his record company to court in the '80s over his songwriting rights, is it not?

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:34:20 PM)
http://www.rollingstone.com/politics/news/katrina-and-the-waves-join-tom-pettys-fight-against-michele-bachmann-20110629 Katrina & The Waves – whose 1985 song "Walking On Sunshine" was played by Michele Bachmann at a South Carolina campaign rally on Tuesday – have issued a statement on their website: Katrina & The Waves would like it to be known that they do not endorse the use of 'Walking On Sunshine' by Michele Bachmann and have instructed their lawyers accordingly. More of the same sort of crap[8\|] It is called acting entitled, republicans feel entitled to use other people's intellectual property....

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:38:49 PM)
quote: ORIGINAL: Moonhead This is a man who took his record company to court in the '80s over his songwriting rights, is it not? http://en.wikipedia.org/wiki/Tom_Petty#Views_on_artistic_control Petty is known as a staunch guardian of his creative control and artistic freedom. In 1979, he was dragged into a legal dispute when ABC Records was sold to MCA Records. He refused to be transferred to another record label without his consent. In May 1979, he filed for bankruptcy and was signed to the new MCA subsidiary Backstreet Records. In early 1981, the upcoming Tom Petty and the Heartbreakers album, which would become Hard Promises, was slated to be the next MCA release with the new list price of $9.98, following Steely Dan's Gaucho and the Olivia Newton-John/Electric Light Orchestra Xanadu soundtrack. This so-called "superstar pricing" was $1.00 more than the usual list price of $8.98.[23] Petty voiced his objections to the price hike in the press and the issue became a popular cause among music fans. Non-delivery of the album and naming it Eight Ninety-Eight were considered, but eventually MCA decided against the price increase.[24] In 1987, Petty sued tire company B.F. Goodrich for $1 million for using a song very similar to his song "Mary's New Car" in a TV commercial. The ad agency that produced the commercial had previously sought permission to use Petty's song but was refused. A judge issued a temporary restraining order prohibiting further use of the ad and the suit was later settled out of court.[25] Some have claimed that the Red Hot Chili Peppers single "Dani California", released in May 2006, is very similar to Petty's Mary Jane's Last Dance.[26] Petty told Rolling Stone, "I seriously doubt that there is any negative intent there. And a lot of rock 'n' roll songs sound alike. Ask Chuck Berry. The Strokes took 'American Girl' [for their song 'Last Nite'], and I saw an interview with them where they actually admitted it. That made me laugh out loud. I was like, 'OK, good for you' ... If someone took my song note for note and stole it maliciously, then maybe [I'd sue]. But I don't believe in lawsuits much. I think there are enough frivolous lawsuits in this country without people fighting over pop songs."[27]

Lucylastic -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:40:49 PM)
If they asked for permission, or paid , they wouldnt have a cease and desist letter.. theres been what ten people do it since Reagan... why is it not common knowledge musicians get pissy when politicos assume its ok to use their music to further their cause, especially when the musicians diametrically oppose the politics of the person. and why hasnt anyone let on that maybe it is a good idea to maybe get permission or license??

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:43:17 PM)
Like I said, they feel entitled....

RakeAndCo -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:43:53 PM)
quote: ORIGINAL: juliaoceania Why is it that Republicans are always the ones stealing songs and using them against the wishes of the artists who wrote them? quote: Tom Petty: Michele Bachmann Can't Use My Song f Michele Bachmann becomes the next President of the United States, it's safe to say that Tom Petty won't be playing the inauguration. When the newly minted Republican presidential candidate left the stage in Waterloo, Iowa, after making a nationally televised speech to announce her candidacy, Petty's track "American Girl" could be heard playing her off. According to NBC's Kelly O'Donnell, Petty's manager will be asking Bachmann's team to not use the song again http://newsfeed.time.com/2011/06/29/tom-petty-michele-bachmann-cant-use-my-song/#ixzz1QgMUu4zB" target="_blank">More Here are more examples of republican music thieves... even Reagan, Patron Saint of Republicans was into intellectual property theft Don Henley Ripped off More examples Reagan Song Theft It helps to know the laws - political usage is exempt.

juliaoceania -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:46:03 PM)
quote: It helps to know the laws - political usage is exempt. Do you have a source for that opinion?

Lucylastic -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:47:43 PM)
Hmmmmm Apparently not Charlie Crist used the Talking Heads song "Road to Nowhere" and was sued for a million dollars They came to an agreement this year, but no details were given

RakeAndCo -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:48:13 PM)
quote: ORIGINAL: juliaoceania quote: It helps to know the laws - political usage is exempt. Do you have a source for that opinion? It is not an opinion. Law.cornell.edu is your friend.

Lucylastic -> RE: Republican Song Thief Michele Bachmann gets Called out by Tom Petty (6/29/2011 2:50:26 PM)
Charlie Crist Official Apology to David Byrne for Copyright Infringement http://www.youtube.com/watch?v=s4k13LmlcUE&feature=player_embedded

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