Soccer Dad

Heart-less

The other night while watching the Republican convention, I heard some familiar music. It was "Barracuda" by Heart. Then I realized Sarah Palin used to be known as Sarah "Barracuda" when she played basketball. (In her pre-pit bull days.)

LGF noted that the Wilson sisters (Heart) were none too pleased with their use of the song.

Snapped Shot figured that the RNC had money to burn to defend itself against copyright claims.

What's Fair use? figures that the use of "Barracuda" may indeed be fair use.

Beldar notes that Heart is pretty lax in enforcing their copyright and finally, that the Republicans claim that they obtained the necessary licenses.

Volokh six months ago, though, wrote that political events may indeed be covered (without any further licensing.)

However, precisely because of this many venues -- stadiums, convention centers, and the like -- have so-called "blanket licenses" via ASCAP and BMI that license the performance of all the works in ASCAP's and BMI's very large catalogs. It's been a long time since I've looked at a sample license, but I doubt there's any exclusion for political events. The performance of the song might thus have been authorized by the copyright owners (even if on reflection they might be annoyed by this particular use). I take it that the campaign could get such a license itself as well, to allow the song to be played in places that don't have their own blanket licenses (though I can't be sure, since that's a matter of ASCAP and BMI contractual licensing practices, not of formal copyright law).

Still, at the end Volokh writes:

I don't think there's an ethical problem with the campaign's using an objecting author's song, if the use isn't infringing. Nor is there an ethical problem with the author's asking that they not use the song, even if the use isn't infringing. The main question (once the legal issues are set aside) is purely political, not ethical.

So assuming that the Republicans did as they said and obtained the necessary licenses or were covered by a blanket license at the Xcel Center, all the Wilson sisters were doing was saying, "We don't like your politics." That seems to be the tone of their statement.

So they don't like it. But why antagonize them.

The Razor offers an option.

Jann tends to take things personally. He's kept the likes of Rush and Kiss out of the Rock & Roll Hall of Fame because he dislikes their music.

Yes, Kiss. My guess is that these guys may not be as politically liberal as other rockers. Gene Simmons of Kiss isn't exactly conservative, but he's libertarian. He might be more willing to let the GOP license his music without complaining. Why "Doctor Love?"

"Even though I'm full of sin."

Maybe not for the Republicans.

But then there's a famous political philosopher, Vincent Furnier, who thinks that entertainers who get too serious about politics are fools.

"If you're listening to a rock star in order to get your information on who to vote for, you're a bigger moron than they are. Why are we rock stars? Because we're morons. We sleep all day, we play music at night and very rarely do we sit around reading the Washington Journal."

Actually, Vincent Furnier is the real name of Alice Cooper. Hey that's an idea, instead of playing songs by liberal artist, play something by Alice Cooper. Say "Elected."

And if I am elected
I promise the formation of a new party
A third party, the Wild Party!
I know we have problems,
We got problems right here in Central City,
We have problems on the North, South, East and West,
New York City, Saint Louis, Philadelphia, Los Angeles,
Detroit, Chicago,
Everybody has problems,
And personally, I don't care.

Maybe that's not the ticket either.