McCain Campaign Ignores Cease-And-Desist; Keeps Playing 'Barracuda'
from the legal,-yes,-smart? dept
Last week, we noted that the band Heart had sent a cease-and-desist letter to the McCain campaign for its use of their song "Barracuda" as part of the intro for VP candidate Sarah Palin (nicknamed Sarah Barracuda -- or, as someone noted, Sarahcuda). As we pointed out, it appeared that the cease-and-desist was pretty worthless on legal grounds. As long as the venue had paid the proper performance license they could play whatever songs they wanted. However, just because it was perfectly legal, didn't mean that it made sense. After all, picking songs from artists who disagree with your positions seems like a recipe designed to give someone else a platform to speak out against you.However, it looks like the McCain campaign is sticking with the fact that this is a perfectly legal use of the song, and is ignoring the cease-and-desist. Video Savant writes in to let us know that the campaign is still using the song at campaign appearances by the candidates.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: barracuda, copyright, heart, john mccain, performance rights, sarah palin
Reader Comments
Subscribe: RSS
View by: Time | Thread
If they are paying the ASCAP fees
And odds are the song is 'owned' by a big record company, the C&D is therefore invalid.
Good luck to 'em suing.
[ link to this | view in chronology ]
Re: If they are paying the ASCAP fees
Right. That's what I said...
But the point is whether or not it's still a bad idea.
[ link to this | view in chronology ]
Re: Re: If they are paying the ASCAP fees
But, since it just seems like they are treating copyright like most big companies ("if we can get away with it, then it's OK"), it's probably a bad idea, although I don't think it will make any difference in the election results.
[ link to this | view in chronology ]
Re: If they are paying the ASCAP fees
[ link to this | view in chronology ]
Nice way to get respect. Funny.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
To the first response
With the law it's kind of like a sanction, without the law it's just a request. Does any of that matter? No, the point is McCain got dissed big time by a band everyone knows for that song that everyone knows.
[ link to this | view in chronology ]
Wishes
Oh, the inhumanity....
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re: Squashed? II
Didn't they threaten a private citizen for daring to bring up Bill Ayers?
[ link to this | view in chronology ]
Squashed?
[ link to this | view in chronology ]
the music
[ link to this | view in chronology ]
but what they can do is...
[ link to this | view in chronology ]
Re: but what they can do is...
So is Pailin the end -
She’s failing again today
I had to turn my vote away
Smiled like the sun -
Wishes for real
And wails - it never fails!
She’s lying so low in the weeds
I bet she’s gonna ambush me
She’d have me down down down down on my knees
Now wouldnt she, Sarrahcuda?
Back over time we were all
Living free
You met the people and me
No right no wrong, selling a psalm-
A name, whisper game.
If the real thing doesn’t do the trick
She’d better make up something quick
She’s gonna turn turn turn turn it to the stick
Ooooooh, Sarrahcuda?
Sell me sell you the party said
Dive down deep down to give em lead!
You...i think you got the blues too.
All that night and all the next
Scam without looking back
Made for the neo-con pools - silly fools!
If the real thing dont do the trick
No, you better make up something quick
You gonna turn turn turn turn it to the stick
Ooooooohhhh, Sarrah Sarrahcuda.
Ohhhhhhhhhhhh.
[ link to this | view in chronology ]
Re: Re: but what they can do is...
[ link to this | view in chronology ]
Re: Re: but what they can do is...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
It's like this...
Heart: We wrote, composed, and performed the song, and we would like it if you didn't use it to promote your campain, because we don't agree with it.
McCain campaign: Screw you! We paid our performance fees! We can do whatever we want with your song!
Heart: You know, a ferocious, schooling, stupid fish is appropriate for this campaign...
[ link to this | view in chronology ]
Better lyrics?
If the real thing doesn’t do the trick
She’d better make up something quick
She’s gonna cry about a pig in lipstick
Ooooooh, Sarrahcuda?
[ link to this | view in chronology ]
What the? Mike? So campaigns are supposed to look up the political views of artists before they use their music? Does the artist eternally own the content of the song? (Surely you wouldn't believe that...) I personally like lots of songs by artists whose beliefs I don't like. It wouldn't stop me from using their song on my MySpace page for example.
What about non-political scenarios? I'm sure there are plenty of artists who have their music used in commercials they might not like.
The example always mentioned is Born in the USA. Reagan used that song but the verses of the song wouldn't agree with the way it was used. That would be a more reasonable example. However, I've heard plenty of songs' choruses used out of context before in ways where the verses wouldn't make sense. It's a fairly common practice.
Sure, you might be able to make a LITTLE political hay about the McCain campaign using a song written by an liberal/Democrat artist, but that alone would be a silly reason for them to NOT use the song.
In related issues, there's a fun story behind Rush Limbaugh's theme song. The words of that song (which he doesn't play) are politically opposite of Rush's positions.
[ link to this | view in chronology ]
Re:
Would you ?
I would ...... but that's just me - I'm weird.
It would be funny if McSame used the music of "Rage Against the Machine"
FWIW: http://en.wikipedia.org/wiki/Rage_Against_the_Machine
[ link to this | view in chronology ]
Re:
Not supposed to. I'm just saying (and I thought I said this clearly) from a PR perspective, it would make sense for them to do so, since it's a political campaign and all...
What about non-political scenarios? I'm sure there are plenty of artists who have their music used in commercials they might not like.
Well, actually, for a commercial you do need to secure the approval of the copyright holders. So it doesn't really apply there.
But, as I said, I think this is unique to a political campaign, which is a popularity contest. You don't want to give extra ammo to the other side, and doing something like this does.
[ link to this | view in chronology ]
Re: Re:
How many people really know or care (except us Techdirt lemmings)? This issue seems to come up all the time. The fact that it continues to happen shows that it doesn't really matter especially since their is no legal issue. Plus, isn't this good advertising for Heart on top of getting paid. Mike are you a corporate shill for Heart, bringing this up to give Heart some attention for their upcoming tour? =]
/notes from angry dude's playbook
[ link to this | view in chronology ]
Re: Re:
For a commercial, do you get the approval of the artist or the approval of the publisher? (serious question, I don't know...) It seems I've heard plenty of songs used out of context ...
I understand what you mean about it clearly being a PR issue, but it seems a little silly to dig that deep into the political beliefs of the songwriter or primary performer(s) (which may not be the same people) to decide whether to use a song in a localized setting of your own supporters that wouldn't really care. It would also depend on the activism of the artists - if they're not very active, then it doesn't matter. But if they're the Dixie Chicks or something, I could see the point.
[ link to this | view in chronology ]
That's pretty silly.
[ link to this | view in chronology ]
Re:
In this case, it seems to be the image and nickname she wants, no matter who gave it to her or why.
[ link to this | view in chronology ]
Re:
a max of 2500 is the most they can give.
other wise they are breaking the law
[ link to this | view in chronology ]
They're just playing into the hands ...
[ link to this | view in chronology ]
And apparently he will continue to ignore the desires of others if he attains office.
[ link to this | view in chronology ]
Re: Re: Squashed? II
No. That was a Denver Poice officer, was jailed for disobeying a police officer. No relation. What about the 400+ protesters who were jailed in St. Paul?
Didn't they threaten a private citizen for daring to bring up Bill Ayers?
Bill Ayers? Are we still on that story? Man if you want to pull punches, let's talk about how Ross Perot Paid McCain's First Wive's Medical Bills when John went to go play the field and marry Cindy 5 weeks after returning from Vietnam. Is there a song for that?
Check out McCain's wandering eye-- checking out Sarah Palin
http://www.youtube.com/watch?v=9qUVQDmLf7s
[ link to this | view in chronology ]
Re: Re: Squashed? II
No. That was a Denver Poice officer, was jailed for disobeying a police officer. No relation. What about the 400+ protesters who were jailed in St. Paul?
Didn't they threaten a private citizen for daring to bring up Bill Ayers?
Bill Ayers? Are we still on that story? Man if you want to pull punches, let's talk about how Ross Perot Paid McCain's First Wive's Medical Bills when John went to go play the field and marry Cindy 5 weeks after returning from Vietnam. Is there a song for that?
Check out McCain's wandering eye-- checking out Sarah Palin..It's great when he subconsciously fiddles with his wedding ring!
http://www.youtube.com/watch?v=9qUVQDmLf7s
[ link to this | view in chronology ]
Re: Re: Re: Squashed? II
[ link to this | view in chronology ]
http://www.eleete.com
[ link to this | view in chronology ]
http://www.eleete.com
[ link to this | view in chronology ]
SCREW HOLLYWOOD
Maybe Obama bin Biden will start playing it as they tour 57 states so far.
[ link to this | view in chronology ]
C'Mon ladies, get over it
[ link to this | view in chronology ]
Plus the guy is a fossil.
[ link to this | view in chronology ]
Barracuda
[ link to this | view in chronology ]
Re: Barracuda
[ link to this | view in chronology ]
Theme song for the "Sexy Librarian"
Barracuda by Heart.
After a few minutes of listening to it, all I have to say is "WOW". An excellent example of American Music. I hope McCain and his team play that song until the end of time. No wonder why that never got transferred over to my iPod Classic. What a disgrace- that I actually paid for it.
I admit, it was the first time I played the song all the way thru.
[ link to this | view in chronology ]
nobody cares about the artists' views
We sane people have a piece of advice for such artists/bands: STFU and sing or get the hell off the damned stage!
[ link to this | view in chronology ]
Re: nobody cares about the artists' views
Ooh - She's a Hockey mom - I'll vote for that
Ooh - She says she's ferocious - I'll vote for that
Ooh - Shes got sod all experience of governing, loves earmarking (as long as it's for her), wastes public money on pointless projects and hasn't actually said what her policies would be on anything
"who cares she's a pitbull - I'll vote for that"
Yeah - heaps of sanity
[ link to this | view in chronology ]
Re: Re: nobody cares about the artists' views
To be fair, it's becoming more and more true of Democrats, too. They simply use a different approach of saying that if you have a single conservative belief, you must be stupid, brainwashed, and unworthy of a vote.
I can't wait until the two-party system finally collapses.
[ link to this | view in chronology ]
Interesting . . . ?
This Palin gal is all about "created image" though and since most of that image is fake, they may see this song as much more important then usual (its part of the smoke and mirrors that helps create an image). Its pretty standard Republican symbolism over substance, they think thier supporters are so stupid that they will continually buy this kind of staged, fake, "image-maker" crap.
[ link to this | view in chronology ]
Got one thing to say
[ link to this | view in chronology ]
They both advertise a product for sale which (they hope) will result in financial gain.
[ link to this | view in chronology ]
It's Hopeless
[ link to this | view in chronology ]