The Donald Sends Cease And Desist Threat To Band Over The Use Of His Name In Music And Video

from the drumpf dept

Mon, Mar 7th 2016 8:25am — Timothy Geigner

So, the political season is really starting to ramp up now, which means the insanity ramps up along with it. This particular go around in presidential politics has been particularly absurd, causing even those of us that try to view it all through the prism of entertainment to be more than a little frightened. Still, there can be no doubt that there has been an uptick in the engagement level of the American people, including from musical artists looking to provide commentary on American politics. Take this song and video released by music duo Fight Clvb, for instance. It's called Donald Trump and it is massively NSFW.

Not exactly William F. Buckley levels of political analysis or commentary there, but there's no provision for quality when it comes to expression. Still, Fight Clvb doesn't exactly have a massive following and that particular song of course will not be making it onto national airwaves anywhere. It's the kind of thing that has a niche audience that never really finds the masses.

Until, of course, Donald (f@#$ing) Trump decides to be his normally litigious self and sends out a cease and desist letter to the band over the use of his name and image in the video.

When you get that cease and desist from Donald Trump's attorney :/ Posted by Fight Clvb on Wednesday, February 24, 2016

If you'll all climb aboard, the Streisand Express is now leaving the station. Yes, rather than simply ignoring what would have been a narrowly viewed music video, His Donald-ness instead has decided to give those of us that cover intellectual property a reason to more widely disperse said music video as we cover his bullying ways. Trump is famously thin-skinned when it comes to anyone using his name or likeness in any way, of course, but the letter that was sent has me scratching my head. Trademark violation? I was unaware that Trump had entered into the music industry. If he hasn't, I'm unclear on where the common marketplace is between Fight Clvb and Donald Trump, nor am I clear on exactly how or where customers are going to be confused as to any of this. That the letter also claims infringement on Donald's other simply-named "rights" only adds to the confusion.

The music group, apparently, isn't going to play along.

Fight Clvb posted again yesterday, saying that they just got off the phone with legal counsel. Stating that the Cease & Desist is generally used as a scare tactic, Fight Clvb isn’t planning on following any of the orders of action at this time, opting instead to be rabble-rousers.

I for one am of the opinion that opting to be a rabble-rouser is always the proper course to take. Still, I imagine the group is pleased to see a bit of the spotlight, all because Trump decided to send a threat letter rather than ignore a barely-legible bit of political commentary. Not exactly the kind of measured and informed thinking one would want in a president, I think.

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Filed Under: cease and desist, copyright, donald trump, fight clvb, publicity rights, streisand effect, trademark

57 Comments

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Anonymous Coward, 7 Mar 2016 @ 8:33am

Just imagine what he will be like when he thinks that he is in charge of all the government apparatus.
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Anonymous Coward, 7 Mar 2016 @ 8:40am

Dear Techdirt...
You broke the first 2 rules of Fight Clvb....
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Anonymous Coward, 7 Mar 2016 @ 9:06am

God he's a master. I'm almost convinced he'd be a great prez. Not kidding.
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Anonymous Coward, 7 Mar 2016 @ 9:06am

This is why we need The Donald
Donald might just be the best thing to happen.

Look at it from this perspective... we might finally get some action out of congress trying to limit the powers of the president for a change and setting some precedents.

The rest of the candidates are every bit as bad or worse than Donald, the real problem here is that the "Establishment" seems to have very little control over him and that has a lot of people running around scared.

This is one hilarious election and is pretty much showing how stupid and ignorant everyone from the top down is in this Nation.

We created this fucking mess, lest enjoy the bed we all helped make!
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James Rosen, 7 Mar 2016 @ 9:16am

Trump opposes Internet killing Trans Pacific Partnership
First of all, let me just say I FAVOR SOPA/PIPA bills, but not in the TPP. Obamatrade has Obama name on it and until Obama is out of office NO TO TPP. But understand I have investments in movies. We investors are sick of little movie clips on YouTube. With Trump a SOPA/PIPA bill must pass to protect my stocks from going belly up from pirate commenters on techdirt. The Tea Party groups have already informed the Republican Committee to push SOPA/PIPA BILLS THROUGH CONGRESS. As long as a Republicab is pushing SOPA/PIPA I am fine. I only was against SOPA/PIPA becauss Obama liked it techdirt pirates. Just being honest.
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That One Guy (profile), 7 Mar 2016 @ 9:20am

Re: Trump opposes Internet killing Trans Pacific Partnership
So long as it doesn't get pre-empted by something else you are going to love the next article...
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That One Guy (profile), 7 Mar 2016 @ 9:25am

An answer to the age old-question
Q: If someone makes a video mocking Donald Drumpf, and no-one sees it, does he still threaten to sue?

A: Yes. He always threatens to sue.
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Anonymous Coward, 7 Mar 2016 @ 9:29am

His commitment to free speech. A sign of things to come if he wins.
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Anonymous Coward, 7 Mar 2016 @ 9:33am

Are you kidding, drumpf will just refer to this as an example of him being attacked unfairly.

Was the C&D written in gold sharpie?
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Anonymous Coward, 7 Mar 2016 @ 9:35am

Re:
Geese of a feather ...
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Anonymous Coward, 7 Mar 2016 @ 9:36am

Re: This is why we need The Donald
Speak for yourself
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Anonymous Coward, 7 Mar 2016 @ 9:38am

All Heil Ceasar TrumpF
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Anonymous Coward, 7 Mar 2016 @ 9:54am

Donald Fucking Trump!
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Ninja (profile), 7 Mar 2016 @ 9:58am

...His Donald-ness instead...

This neologism has the Trump Seal of Approval (tm).
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Digitari, 7 Mar 2016 @ 10:07am

Re: Trump opposes Internet killing Trans Pacific Partnership
Not Just an IP Maximilist but a Racist as well, IP and Racism are quite similar, Both are based on fictions.

(Party lines are fictions too)
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David, 7 Mar 2016 @ 10:19am

Re: This is why we need The Donald
Look at it from this perspective... we might finally get some action out of congress trying to limit the powers of the president for a change and setting some precedents.

After all, look how well this gamble worked for the Weimar Republic and Hitler.

It's the Nobel fallacy. You cannot go off the deep end far enough to buy yourself a return to sanity. It doesn't work. There is no limit to what humans will do for power.
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Anonymous Coward, 7 Mar 2016 @ 10:30am

Re: Re: This is why we need The Donald
So you are saying Donald is a Socialist? I though the Socialists were you know, Hillary and Bernie? Are they not a closer match to Hitler's own political agenda?

It's really funny how everyone likes to avoid calling the Socialists the Hitlers, but instead call the Non-Socialists the Hitlers.

Your argument is not even in the land of reality. I am all for playing the Godwin card but, that is a card best played against the anti 2nd amendment crowd because that is actually a part of the history.

Further more you will find far more people on the left trying to destroy the constitution than those on the right.

Something tells me you are one of those people that never learned from history!
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Yes, I know I'm commenting anonymously, 7 Mar 2016 @ 10:33am

confusingly
Who is the capitalist lion tamer now?
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Anonymous Coward, 7 Mar 2016 @ 10:33am

Re: Re: Trump opposes Internet killing Trans Pacific Partnership
Hypocrite Much?
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Anonymous Coward, 7 Mar 2016 @ 10:42am

Re: Trump opposes Internet killing Trans Pacific Partnership
Just being honest too.

I have generally stopped consuming (eg: paying my hard earned money on the crap that Hollywood puts out) entertainment. None of my four kids have a phone or a tablet and our connection to the internet is content filtered to remove ads and other junk. Instead we walk trails, ride bikes for recreation. Being a "books first" family means that more often than not .. get this .. we also talk to each other instead of having their brains on an electronic pacifier. I want to my family to be a family as opposed to the dysfunctional ones often portrayed in junk you "investments" support.

We get our TV over the air like normal people, thank you very much, and most anything I would be interested in watching movie-wise can be found at our awesome library.

You sir, are a profiteering enabling leech on civilization and while I know that the critical mass of the population is clearly in your favor, I stand apart not as a pirate, but worse, I actively do not support.
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Anonymous Coward, 7 Mar 2016 @ 10:44am

PSA
Good thing Flight Club did this PSA. I had no idea a Trump could get f'ed by Donald. Disney needs to reign in that duck.
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Anonymous Coward, 7 Mar 2016 @ 10:45am

Re: Re: Re: This is why we need The Donald
I sort of agree with your sentiment.

However, in most of the world, Hillary is considered a moderate conservative and Bernie is considered a conservative socialist.

As for the Hitler comparison, you're right: they would have done better with Mussolini, as Trump isn't going for a "master race" socialism (where the master race governs in a socialist manner, and everyone else is effectively their slave), but in a fascist manner, where everyone must agree with the (current) government.

And really... Trump might actually help in the long run; the free trade agreements that do an end-run around the constitution will happen with or without him; all the stuff he wants to do will get blocked by saner minds, who will then react to him by attempting to ensure that something like him never happens again.

This is different than Hitler, where he actually had wide support for his ideas prior to running for government -- not just in Germany, but also notably in the UK and the US. People in power at the time agreed with much of what he said, so excused much of what he did -- right up until they couldn't overlook it anymore.

Trump's point of "couldn't overlook it anymore" would come MUCH sooner, as his support doesn't come from the ruling elite, but from the working class. The ruling elite has indoctrinated the working class with a set of ideals, and Trump is the epitome of those ideals.

You reap what you sow. Maybe this will help them be a bit more conservative in what they sow in the future.
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Anonymous Coward, 7 Mar 2016 @ 10:46am

Re: Re: This is why we need The Donald
Remember the definition of insanity is to keep doing the same thing and expecting a different result.

Trump is something different at least... voting for any of the others are literally doing the same thing as we always have and will send the message that politics as usual is just fucking fine.

Trump may be a terrible choice, but it sends a bigger message that says, we are sick of the bullshit, stop putting The Party before America.

Continuing to allow these parties to put up stooges for us will only lead to what it currently is... a country lead by a party and not by the people.
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Anonymous Coward, 7 Mar 2016 @ 10:56am

Re: Re: Re: This is why we need The Donald
I remain unconvinced that you are capable of speaking for myself or others.
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Anonymous Coward, 7 Mar 2016 @ 11:00am

Re: Re: Re: Re: This is why we need The Donald
Keep in mind, you can tell a politician is lying because their lips are moving.

Any of the folks up there could easily become a Hitler. People who like to think they know any politician on that level is crazy. Just about anyone will turn into a tyrant if you push the right buttons. This is why we have a separation of powers, to put in a stop against fucking idiots. If congress grew a spine we would be in much better shape, hell Trump might help grow that spine.

Mind you, I don't like any of the candidates, Trump just seems to be the best way to send a message to the Establishmentarians that we are sick of their shit!
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Anonymous Coward, 7 Mar 2016 @ 11:03am

How is Trump racist? He wants to build a wall to keep out Mexicans. Mexicans are not a race. He wants to ban Muslims coming into the country. That is a religion, not a race.
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Anonymous Coward, 7 Mar 2016 @ 11:11am

Re: Re: Re: Re: This is why we need The Donald
I am mortally wounded! You got me!

Remain unconvinced. The specter of demise makes no attempt to explain itself nor convince any man.

We perish for our lack of knowledge and "The People" remain ignorant of and often reject their responsibilities to their Nation in favor of a party ideal and political expediency.
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Anonymous Coward, 7 Mar 2016 @ 11:17am

Re:
You are not allowed to bring up facts that disrupt their opinions of what those words mean.
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Anonymous Coward, 7 Mar 2016 @ 11:24am

There's no such thing as bad press, wink wink.
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letherial (profile), 7 Mar 2016 @ 11:36am

Re: This is why we need The Donald
Dont add me in this, i was saying all along how stupid it was putting nails in the bed
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Anonymous Coward, 7 Mar 2016 @ 11:41am

Re: Re: Re: Re: Re: This is why we need The Donald
..."The People" remain ignorant of and often reject their responsibilities to their Nation in favor of a party ideal...

So long as the US does NOT have wide open primaries with top 2 going to a general election the US will have flawed elections and politics. There are more than 2 parties in the US but due to the election structure and regulations the smaller parties' only effects are to siphon votes away from the 'main' candidates resulting in 'less-than-majority' rule. When we have elections that over 50% of the votes cast are for losing candidates and the winner has less than 49% of the vote something's wrong.
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Anonymous Coward, 7 Mar 2016 @ 11:50am

Re: Re: Re: Re: Re: Re: This is why we need The Donald
Agree, we need to definitely change how the voting system works. First past the post is proven to be a disaster. The president was originally voted in by the representatives so the system worked well in that case, but now that anyone can run, the system needs to be changed to where people can list the candidates in the order of preference where the candidate with the highest collective preference wins. This would allow several candidates to run for office without having to go through this primary shit.
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Anonymous Coward, 7 Mar 2016 @ 12:16pm

"If you'll all climb aboard, the Streisand Express is now leaving the station."

Great line.
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Anonymous Coward, 7 Mar 2016 @ 12:22pm

Re: Re: Re: This is why we need The Donald
You really need to learn the difference between a socialist and a fascist and an insane dictator.

The "National Socialist German Workers' Party" was not by any means "socialist", ever. They adopted the name to mislead people like you for long enough to gain power, it apparently still works.

Anyone that thinks that the trump will do anything that does not benefit him directly needs to read his damn book and look at the deals we know he has spun and the people he has bankrupted in his wake.
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DCL, 7 Mar 2016 @ 12:27pm

Counting the Streisand Express
https://youtu.be/VC6dBneW7gU

Views: 33,261
Likes: 287
Dislikes: 38

Time to get some popcorn and see what happens to the counter.
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Anonymous Coward, 7 Mar 2016 @ 12:55pm

Bad music, bad lyrics
I'm a musician and I have to say this is an absolutely horrible song (musically speaking). Regardless of his political views, Trump is no dummy. The group in this video comes across as being some of the stupidest people around. The music loops - probably taken from the many loop libraries around - and the lyrics loop. If this video represents the intelligence of the opposition to Trump, even in the slightest amount, then it's obvious who will be the next president, even if his subordinates made the mistake of issuing a C&D.
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Rekrul, 7 Mar 2016 @ 1:10pm

I didn't think the video was especially great, but I made sure to download a copy of it just in case Trump manages to get it taken down. If anyone wants/needs a copy of it, just let me know.
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Anonymous Coward, 7 Mar 2016 @ 1:13pm

Trump is already a generic term.

It's typical use is a slow, slightly moist fart that sounds like a damaged trumpet. With definite leftover pieces of stinky shit.
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Anonymous Coward, 7 Mar 2016 @ 1:16pm

Re:
But what is Disney's opinion?
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Anonymous Coward, 7 Mar 2016 @ 1:41pm

Re: Re: Re: Re: This is why we need The Donald
That is your game? Say Hitler was something other than Socialist to disabuse yourself of the term? Genius...

At the end of the day there are similarities & overlap between all political ideologies... you have been mislead!

Anyone that thinks any of these politicians will do anything that does not benefit them directly needs to have their own fucking heads examined! We are simply voting on the one that we think will have do the most self benefiting things that all benefit us the most. You must have a juvenile understanding of the world and humans if you are naive enough to think any of these candidate are not out for #1 here. You are bankrupt because you somehow believe that the rest are not as bad as trump when they all have varying degrees of insanity. It just so happens that Trump cannot be controlled and it scares the fucking shit out of people! And all of this from likely the same people that keep bitching about having puppets in leadership. You need some cheese... seriously!

There is not a single candidate standing on the stage that is presidential material but voting in Trump "Might" have the best and most positive outcomes due to what it means.

It is always the darkest before the dawn and people often need a serious kick in the face before they can figure out that something is terribly wrong. These days government has been slowly poisoning the system to the point where people like you run around thinking they know more than they do. It's called hubris and you all are so sure of what Trump is going to do, yet it would not shock me if Trump pulled a big "Ha, fooled you" out of his ass the moment he is elected.

Trump is the essential politician... he has flip flopped on all sorts of stuff and scares the shit out of the shadow players. This should be some very interesting times coming ahead of us.
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Anonymous Coward, 7 Mar 2016 @ 5:11pm

Re: Re: Re: Re: Re: This is why we need The Donald
Yes, do continue assuming your all encompassing statements accurately reflect the opinions of everyone because you are obviously correct.
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Anonymous Coward, 7 Mar 2016 @ 5:15pm

Re:
I don't know anything about David Duke, OK?
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Anonymous Coward, 7 Mar 2016 @ 5:22pm

Re: Trump opposes Internet killing Trans Pacific Partnership
Whatever? Is that you?
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G Thompson (profile), 7 Mar 2016 @ 6:40pm

>>> If he hasn't, I'm unclear on where the common marketplace is between Fight Clvb and Donald Trump

isn't it obvious. According to modern culture the first rule of Fight Clvb is you NEVER talk about Fight Clvb

and according to Donald, the first rule in his head is you NEVER talk badly about Donald.
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David, 8 Mar 2016 @ 1:07am

Re:
More like "you always talk about Donald". Some of that talk may earn you a C&D, but it's still preferable to talking about anybody else. But he has no proper legal angle to attack the latter until he's got executive privilege and can pick the parts of the Constitution to dismantle by having War against Sanity declared officially.
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Wendy Cockcroft, 8 Mar 2016 @ 2:23am

Re: Re: Re: Re: Re: Re: Re: This is why we need The Donald
That's proportional representation, and it would actually solve a lot of problems, particularly gerrymandering.
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David, 8 Mar 2016 @ 3:19am

Re: Re: Re: This is why we need The Donald
Hitler a socialist? Well, that would certainly be news for all the socialists, communists, and "bolsheviks" killed in concentration camps. You also might want to recheck which side Stalin and Russia were on in WWII.

Confusing national socialism with socialism is the kind of political education Trump stands for. He also stands for a "Führer" cult and has repeatedly called himself a "leader" who will order FBI and NSA and his administration to ignore the Constitution and expressed his belief that they will obey orders to torture and kill without judicial basis.

Really, if you imagine that Trump's plans are fine as long as they don't carry "social" in their labels, your political education level is par for the U.S.
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David, 8 Mar 2016 @ 8:26am

Re: Re:
Well, Trump has pretty much outright stated that laws are not all that important once you have a supreme leader.

Fit's pretty well with how the Klan justifies itself.
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Ted, 8 Mar 2016 @ 10:12am

Donald -(minus) His Money
He is just another moron without a political voice without his money.
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Anonymous Coward, 8 Mar 2016 @ 10:29am

Why would the NSA or the FBI need a presidential order to ignore the Constitution? They do a well enough job of that as it is.
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Anonymous Coward, 8 Mar 2016 @ 10:45am

Re: Re: Re:
Respect Mah Authoritah
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Anonymous Coward, 8 Mar 2016 @ 10:46am

Re:
I just took a Huge TrumpF after eating at Taco Bell.
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Monday (profile), 8 Mar 2016 @ 2:31pm

Cudos shall be yours
We'd like to thank Timothy Geigner, and his fellow Journalists, for taking up the reins and writing about our new Donald f@#$ing Trump song and video. Thank-you for suing us Donald f@#$ing Trump, you dumb asshole, and markedly increasing our royalty cheques for the next twelve months - at least.
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soillodge (profile), 8 Mar 2016 @ 5:03pm

Re: Bad music, bad lyrics
I am a musician too, so I know there is no accounting for taste. Stylistically and production-wise, it is not of poor quality. Using loop libraries does not reduce the merit of a musician. Tools are tools. Using your tools effectively is the focus. In this they did a great job. I would probably have less admiration for them if they really put a huge amount of work into the writing and production of a Trump parody track.

The most notable aspect of the track and video though, is how effectively they captured Trumps arrogant and abusive nature, while also making certain he is the sole focus of the video. Virtually appeasing his unstoppable ego. An extremely simple and effective production. Nearly 35K plays. Brilliant.
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Ronald Stewart DJ Phelonious Punk, 9 Mar 2016 @ 5:37am

Re: An answer to the age old-question
One can threaten but case law clearly Roy Orbison V. Luther Campbell "Piggy Woman" that a parody is protected in the same manner that a comedian can joke about a celebrity without re-course.
Listen to my hilarious Donald Trump mashup using Donalds voice overs and old school samples and scratches
THE TRUMP PHENOMENON SONG https://www.youtube.com/watch?v=BySGXm_SpsY
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John Fenderson (profile), 9 Mar 2016 @ 7:11am

Re: Re: An answer to the age old-question
Having the law on your side means nothing when simply defending yourself in court can bankrupt you.
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Coach George (profile), 30 Mar 2016 @ 8:35am

Someone once said that any publicity is better than no publicity. The more the better.
By doing this, it guarantees Mr. Trump will add to the scope of his publicity. Just look at the impact here. Mr. Trump is not a typical point of discussion at techdirt.
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