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think

(11,641 posts)
Tue Jun 16, 2015, 05:38 PM Jun 2015

Neil Young is a longtime supporter of Bernie Sanders. Trump's use of song was not authorized.

A very short article by David Corn from Mother Jones:

Neil Young to Donald Trump: Don't Rock in My Free World

The rocker also endorses Bernie Sanders.

By David Corn | Tue Jun. 16, 2015 5:07 PM EDT

When Donald Trump strode on to the stage at Trump Tower on Tuesday to announce that he would enter the Republican race for president, a rock and roll anthem blared: Neil Young’s "Rockin’ in the Free World." It was an odd choice, given that the 1989 song seemed to slam a Republican administration for not giving a damn about the poor. And Young has taken exception to Trump's appropriation of his tune. A statement issued to Mother Jones for Young by his longtime manager Elliot Roberts suggests Young was not pleased by Trump's use of the song:


Donald Trump's use of "Rockin' in the Free World" was not authorized. Mr. Young is a longtime supporter of Bernie Sanders.


In other words, it may be a free world, but you're not free to steal my song.

Source:
http://www.motherjones.com/politics/2015/06/neil-young-donald-trump-bernie-sanders
86 replies = new reply since forum marked as read
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Neil Young is a longtime supporter of Bernie Sanders. Trump's use of song was not authorized. (Original Post) think Jun 2015 OP
Republicans are always stealing intellectual property for their campaigns. MohRokTah Jun 2015 #1
Yep. The GOP are repeat offenders in stealing IP. They keep doing it over and over again. /nt think Jun 2015 #2
That's only because they suck. Enthusiast Jun 2015 #56
That's because they have no "intellectual" ANYTHING of their own! George II Jun 2015 #35
+1,000 malaise Jun 2015 #49
They seem to have a problem with copyright laws. liberal N proud Jun 2015 #50
And it's funny because of their usual stances on "other people's" money or property treestar Jun 2015 #58
Cons always steal, everything. They are criminals by definition, all of them. randys1 Jun 2015 #3
That would make a wonderful compilation album! KamaAina Jun 2015 #4
They NEVER learn, do they? hifiguy Jun 2015 #23
It is not really about learning in my opinion - they just do not care. It is a variant of IOKIYAR. xocet Jun 2015 #34
After all the air we breathe is free (so far). Why shouldn't music of the airwaves be free as well? sorechasm Jun 2015 #47
And below minimum wage at that. padfun Jun 2015 #77
Hilarious! Trump should be sued. JaneyVee Jun 2015 #5
After Neil wins his Donald suit, then I'd have him give all benefits to Bernie! drynberg Jun 2015 #72
This message was self-deleted by its author olddots Jun 2015 #6
Can Neil Young force Trump to stop & apologize? irisblue Jun 2015 #7
His attorney will undoubtedly write a "cease-and-desist" letter gratuitous Jun 2015 #8
Why can I play the song at a bar (after paying ascap or bmi) but not at a rally? nt Logical Jun 2015 #13
They are not paying anyone for it. LiberalArkie Jun 2015 #14
I bet the campaign has a full blown ascap and bmi contract already. nt Logical Jun 2015 #17
There are different categories. Like a contract for music on hold, club music and then there are LiberalArkie Jun 2015 #25
OK, thanks. nt Logical Jun 2015 #27
The company I used to work for had a contract from Muzak for music on hold, and a contract from them LiberalArkie Jun 2015 #33
No jberryhill Jun 2015 #32
No BrotherIvan Jun 2015 #75
Well, go tell ASCAP that then.... jberryhill Jun 2015 #76
No doubt. Ann and Nancy Wilson reacted immediately hifiguy Jun 2015 #21
Dropkick Murphys to Scott Walker: 'We Literally Hate You' . PeaceNikki Jun 2015 #38
LOL. I remember that. polly7 Jun 2015 #48
Again, like a childish game, they do it then say "oopsie". glinda Jun 2015 #9
Purposeful and arrogant. polly7 Jun 2015 #10
Thanks to Neil Young, one of my favorites. JDPriestly Jun 2015 #11
Do you have to have permission to play the song? Or if you pay ASCAP and BMI can you just use it? nt Logical Jun 2015 #12
Depends on your contract with ASCAP/BMI and their contract with the artist jeff47 Jun 2015 #69
It should be fair (legal) for those whose IP has been used without permission douggg Jun 2015 #15
Maybe Neil Young, Chrissie Hynde, Peter Gabriel and others who have their songs "misused"... cascadiance Jun 2015 #19
Some repub swiped one of hifiguy Jun 2015 #29
Rush Limbaugh has used "My City Was Gone" as bumper music for years. rdmtimp Jun 2015 #37
So ol' Limpballs is funding lefty charities as a result. hifiguy Jun 2015 #39
She is. But it still sucks. The music alone gives the Limbaugh program a greater sense of credence Enthusiast Jun 2015 #59
They should get together and have a giant concert to raise funds for Bernie's campaign. Enthusiast Jun 2015 #60
Republicans keep doing this, which is so stupid because they get a few moments of music and Bluenorthwest Jun 2015 #16
And they never actually listen to the lyrics. smokey nj Jun 2015 #28
For all Neil Young lovers Dont call me Shirley Jun 2015 #18
I have no doubt that Neil has very good lawyers hifiguy Jun 2015 #20
Do these idiots ever listen to the lyrics of the songs they use? frylock Jun 2015 #22
Didn't New Jersey briefly consider using "Born to Run" as its state song? RufusTFirefly Jun 2015 #31
Sue the douche bag !!!! ruffburr Jun 2015 #24
Sue him for copyright infringement. PowerToThePeople Jun 2015 #26
Republicans and campaigns songs. 1980's to now. underpants Jun 2015 #30
''A kinder, gentler machine-gun hand.'' Octafish Jun 2015 #36
Well, unfortunately he also wrote it for the anti-choice movement. (intentionally or not) MH1 Jun 2015 #66
This message was self-deleted by its author deutsey Jun 2015 #68
Good. A law suit. lonestarnot Jun 2015 #40
This Note's For You lovemydog Jun 2015 #41
Seems I remember similar incidents. Elmer S. E. Dump Jun 2015 #42
Neil Young is an American treasure. nt NewSystemNeeded Jun 2015 #43
I think he's a Canadian treasure treestar Jun 2015 #61
That's a fact. And he is appreciated world wide. Enthusiast Jun 2015 #62
Trump is a low life POS thief. JEB Jun 2015 #44
Both Peter Gabriel and Rush issued cease and desist orders to Rush Limbaugh ms liberty Jun 2015 #45
I laughed when I heard he had used the song SCantiGOP Jun 2015 #46
I would love to see Neil Young show up to some Bernie campaign rallies to perform that song Bjorn Against Jun 2015 #51
Of course Neil Young is a long time Bernie supporter... cui bono Jun 2015 #52
Oh yeah. He might very well be my favorite living musician. raouldukelives Jun 2015 #65
Everybody knows Trump is nowhere. moondust Jun 2015 #53
This is actually kind of amusing that he used that song, though. Spider Jerusalem Jun 2015 #54
They never listen to the lyrics. Nor do they ever research the artist's political leanings. smokey nj Jun 2015 #55
So Trump got some good publicity for Bernie! Lol! Thanks Donald. sabrina 1 Jun 2015 #57
Maybe he could borrow the tune by India Arie, "I Am Not My Hair" aint_no_life_nowhere Jun 2015 #63
Bernie! (and Neil!) AzDar Jun 2015 #64
Another example of a dimwit GOPer not understanding (or caring about) what the song means deutsey Jun 2015 #67
Maybe he should switch to gospel... Spirochete Jun 2015 #70
How can candidates not be sued for this? LiberalLovinLug Jun 2015 #71
For a lot of reasons jberryhill Jun 2015 #78
Good info treestar Jun 2015 #79
That's part of a deal YouTube had to make jberryhill Jun 2015 #80
Should an artist be able to turn down a job because he doesn't Yupster Jun 2015 #81
An artist is not in general business to the public jberryhill Jun 2015 #82
I was just thinking of playing music at a rally, not actually forcing someone to appear Yupster Jun 2015 #83
As a general practical matter... jberryhill Jun 2015 #84
Thanks for that detailed answer! LiberalLovinLug Jun 2015 #85
"Something is wrong with the legal status quo on that" jberryhill Jun 2015 #86
I was just listening to Mr. Soul Go Vols Jun 2015 #73
Sue his ass.... Spitfire of ATJ Jun 2015 #74
 

MohRokTah

(15,429 posts)
1. Republicans are always stealing intellectual property for their campaigns.
Tue Jun 16, 2015, 05:40 PM
Jun 2015

Has there been a Republican campaign in the past 15 years that did not steal some band's IP?

treestar

(82,383 posts)
58. And it's funny because of their usual stances on "other people's" money or property
Wed Jun 17, 2015, 10:37 AM
Jun 2015

It is theft for the government to tax them. But it's OK when they do something like this. You'd think they would respect another's intellectual property. But no. If he's a "librul" then it's OK.

 

KamaAina

(78,249 posts)
4. That would make a wonderful compilation album!
Tue Jun 16, 2015, 05:48 PM
Jun 2015

All the songs that repukes have stolen! "Born In The U.S.A." and many others.

http://www.nytimes.com/2012/02/04/arts/music/romney-and-gingrich-pull-songs-after-complaints.html

Mitt Romney and Newt Gingrich were forced this week to stop using songs at their rallies after songwriters complained that the campaigns had played the pieces without permission. Strike another two songs from the Republican playlist: “Eye of the Tiger,” by Survivor, and “Wavin’ Flag,” by the Somali-born musician K’naan....

In 2008 Jackson Browne successfully sued Senator McCain and the Ohio Republican Party for using his hit “Running on Empty” as the music for a campaign ad attacking the energy policies of Barack Obama. He won an undisclosed cash settlement and a public apology from Senator McCain....

The pace of complaints has picked up since 2008, when Ann and Nancy Wilson, the core of Heart, formally complained that Sarah Palin was using their hit “Barracuda” as a theme song without their permission. Last year Tom Petty forced Representative Michele Bachmann to quit using his song “American Girl” at her events by sending her a letter.

In 2010 Don Henley, a longtime supporter of Democratic candidates, won a copyright lawsuit against Chuck DeVore, a conservative California Republican candidate for the Senate. Mr. DeVore had used satirical lyrics set to the backing tracks of Mr. Henley’s “Boys of Summer” and “All She Wants to Do Is Dance” to attack his opponent, Senator Barbara Boxer.


 

hifiguy

(33,688 posts)
23. They NEVER learn, do they?
Tue Jun 16, 2015, 06:45 PM
Jun 2015

Most creative people are liberals and have no time for repukes.

I remember that you could see the explosion from here in flyoverland when the Wilson sisters got word of Mooselini using that song. That came to an, err, abrupt halt after the Wilsons' lawyers got involved.

xocet

(3,873 posts)
34. It is not really about learning in my opinion - they just do not care. It is a variant of IOKIYAR.
Tue Jun 16, 2015, 07:21 PM
Jun 2015

n/t

sorechasm

(631 posts)
47. After all the air we breathe is free (so far). Why shouldn't music of the airwaves be free as well?
Tue Jun 16, 2015, 08:28 PM
Jun 2015

Why should artists be paid for their art? They enjoy making art like children. You're supposed to hate your job, complain all day, and only then do you deserve to be paid.

No one should be able to buy and sell the music of the airwaves. That should be free for entrepreneurs and the job creators. Instead, you should be able to buy and sell people who make good art. Now that's capitalism at its finest.

The airwaves should be free for the taking. Water on the other hand, that belongs to the highest bidder.

padfun

(1,787 posts)
77. And below minimum wage at that.
Wed Jun 17, 2015, 03:47 PM
Jun 2015

"and only then do you deserve to be paid"

And below minimum wage at that! (darn minimum wage laws)

Response to think (Original post)

gratuitous

(82,849 posts)
8. His attorney will undoubtedly write a "cease-and-desist" letter
Tue Jun 16, 2015, 06:07 PM
Jun 2015

By this time, it's obvious that candidates need to get permission to use a song; there really isn't an "Oops, I did it again" freebie. That being said, candidates should be called out each and every time they steal someone else's creative output for their own aggrandizement. I'll make an immediate exception right here and now, though. Any reporter that wants to use the following question of my own creation can do so without limitation:

"Candidate X, I see that you're playing {insert name of stolen song here} by {artist's name here} at your {name of event here; e.g., announcement of candidacy, conviction for fraud, beginning of long prison sentence}. What else will you be stealing to further your campaign, and given your proclivity for theft, why should any voter seriously consider casting a ballot for a chiseler like you?"

LiberalArkie

(15,728 posts)
25. There are different categories. Like a contract for music on hold, club music and then there are
Tue Jun 16, 2015, 06:54 PM
Jun 2015

event music which I believe have to be approved by the artist.

LiberalArkie

(15,728 posts)
33. The company I used to work for had a contract from Muzak for music on hold, and a contract from them
Tue Jun 16, 2015, 07:14 PM
Jun 2015

for the background music in lobbys and cafeteria. They provided the location for a political rally and got one hell of a fine for using the same music without permission. That is what made realize that there must be different categories.

 

jberryhill

(62,444 posts)
32. No
Tue Jun 16, 2015, 07:10 PM
Jun 2015

The only time an artist would have anything to say would be if the use of the music basically evoked the artist, and thus implicated other rights (trademark, right of publicity etc.). For example, walking out to a Michael Jackson song vs. moonwalking out while wearing one glove.
 

jberryhill

(62,444 posts)
76. Well, go tell ASCAP that then....
Wed Jun 17, 2015, 03:38 PM
Jun 2015

Because that's what they say.

http://www.ascap.com/~/media/files/pdf/advocacy-legislation/political_campaign.pdf

It is possible for an artist to take action based on non-copyright sorts of claims, but something more than the mere use of the music would be required.

They did not appropriate any aspect of Young's persona, trademark rights, and did not suggest an endorsement by the artist.

Basically, what ASCAP's lawyers are saying here is "you are fine on any copyright claims" but they are not going to say "whatever else you might do is fine too". It's butt-covering on their part to say there are other sorts of claims in the world - what you have is a license to play the song.

 

hifiguy

(33,688 posts)
21. No doubt. Ann and Nancy Wilson reacted immediately
Tue Jun 16, 2015, 06:42 PM
Jun 2015

when Princess Sparklemoose played their "Barracuda" as her intro music a couple of times back in '08.

That came to a screeching halt.

polly7

(20,582 posts)
10. Purposeful and arrogant.
Tue Jun 16, 2015, 06:17 PM
Jun 2015

He has access to the best lawyers in the world, he knows himself it's theft. What an ass.

 

Logical

(22,457 posts)
12. Do you have to have permission to play the song? Or if you pay ASCAP and BMI can you just use it? nt
Tue Jun 16, 2015, 06:22 PM
Jun 2015

jeff47

(26,549 posts)
69. Depends on your contract with ASCAP/BMI and their contract with the artist
Wed Jun 17, 2015, 12:37 PM
Jun 2015

There's some more about it upthread.

douggg

(239 posts)
15. It should be fair (legal) for those whose IP has been used without permission
Tue Jun 16, 2015, 06:33 PM
Jun 2015

to be able to use the appropriating user's image in any manner of support for the IP owner's issues.

 

cascadiance

(19,537 posts)
19. Maybe Neil Young, Chrissie Hynde, Peter Gabriel and others who have their songs "misused"...
Tue Jun 16, 2015, 06:40 PM
Jun 2015

... can get together and record a new song and send a strong message about those who have stolen their stuff that it isn't theirs to "coopt"!

And for Democrats songs like "Detroit Rock City", "Cat Scratch Fever", etc. aren't worth stealing either. We have too many better ones to choose from!

 

hifiguy

(33,688 posts)
29. Some repub swiped one of
Tue Jun 16, 2015, 07:00 PM
Jun 2015
Chrissie's???? That took more nerve than I will ever have. Chrissie has a rep for possessing a pretty short fuse and a very large charge.

rdmtimp

(1,592 posts)
37. Rush Limbaugh has used "My City Was Gone" as bumper music for years.
Tue Jun 16, 2015, 07:34 PM
Jun 2015

From what I understand, Chrissie donates whatever money she gets from his use of it to PETA, Greenpeace, and similar orginaztions.

Enthusiast

(50,983 posts)
59. She is. But it still sucks. The music alone gives the Limbaugh program a greater sense of credence
Wed Jun 17, 2015, 10:37 AM
Jun 2015

than it would have otherwise.

Enthusiast

(50,983 posts)
60. They should get together and have a giant concert to raise funds for Bernie's campaign.
Wed Jun 17, 2015, 10:39 AM
Jun 2015

It would be giant too.

 

Bluenorthwest

(45,319 posts)
16. Republicans keep doing this, which is so stupid because they get a few moments of music and
Tue Jun 16, 2015, 06:34 PM
Jun 2015

we get a media platform for various respected musical artists to repudiate Republicans and endorse the Democratic candidate of their choice. I think in the long run our side wins.

Dont call me Shirley

(10,998 posts)
18. For all Neil Young lovers
Tue Jun 16, 2015, 06:39 PM
Jun 2015
https://m.


Colors on the street
Red, white, and blue
People shufflin' their feet
People sleepin' in their shoes
But there's a warnin' sign on the road ahead
There's a lot of people sayin'
We'd be better off dead
Don't feel like Satan
But I am to them
So I try to forget it, any way I can.

Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world.

I see a girl in the night
With a baby in her hand
Under an old street light
Near a garbage can
Now she puts the kid away,
And she's gone to get a hit
She hates her life
And what she's done to it.

That's one more kid
That will never go to school
Never get to fall in love
Never get to be cool

Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world.

Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world,
Keep on rockin' in the free world.
 

hifiguy

(33,688 posts)
20. I have no doubt that Neil has very good lawyers
Tue Jun 16, 2015, 06:40 PM
Jun 2015

and the C&D has probably already been e-mailed to Dump.

RufusTFirefly

(8,812 posts)
31. Didn't New Jersey briefly consider using "Born to Run" as its state song?
Tue Jun 16, 2015, 07:10 PM
Jun 2015
Baby, this town rips the bones from your back, it's a death trap
It's a suicide rap, we gotta get out while we're young
'Cause tramps like us, baby we were born to run

underpants

(182,883 posts)
30. Republicans and campaigns songs. 1980's to now.
Tue Jun 16, 2015, 07:02 PM
Jun 2015

Reagan first used "Born in the USA!" Springsteen asked them to stop. Did they understand what the song was clearly about? Next Reagan used "Little Pink Houses". Again, listen to the song. Mellencamp rebuffed quickly. Honestly I didn't know about either of their politics at the time ( neither did the Reagan campaign either) but to pick songs from those two now is hilarious.


Bob Dole turned "I'm a Soul Man" into "I'm a Dole Man". The families of Sam AND Dave asked them to stop.

Sarah Palin started using "Barracuda" after she went from Grizzly Mom to a Barracuda within a week of her campaign of madness. The Wilson sisters strongly requested that she stop.

John McCain inexplicably started using "Running on Empty" by Jackson Brown. Yes running on empty. Yes No-Nukes --- probably not a supporter from a block away Jackson Browne. Browne actually tracked after the campaign AFTER the election landslide with a lawsuit really just to shove it in their face.

Trump and Neil Young?

Octafish

(55,745 posts)
36. ''A kinder, gentler machine-gun hand.''
Tue Jun 16, 2015, 07:29 PM
Jun 2015

Neil wrote it about Poppy Bush.

"I got a thousand points of light for the homeless man..."

MH1

(17,600 posts)
66. Well, unfortunately he also wrote it for the anti-choice movement. (intentionally or not)
Wed Jun 17, 2015, 11:28 AM
Jun 2015

Not intentionally, perhaps (I don't know where Neil stands on reproductive freedom issues), but the second verse echoes what I hear from the one-sided, blinders-on, no notion of reality for real people, no concept of facts, a-holes of the Xtian wrong about abortion.

There's one more kid
that will never go to school
Never get to fall in love,
never get to be cool.


Never mind that embryos, fetuses, and babies are different; or that there are such things as medical complications and profound birth defects, such as anencephaly, the Xtian forced-birth movement takes this mantra from conception onward with no possibility of deviation or compassion.

Perhaps that is who Trump is trying to appeal to by using this song.

(I like Neil Young and would otherwise like this song, but find it unlistenable due to this verse and how I've heard it echoed by the fundies.)

Response to MH1 (Reply #66)

lovemydog

(11,833 posts)
41. This Note's For You
Tue Jun 16, 2015, 07:51 PM
Jun 2015


by Neil Young
Don't want no cash
Don't need no money
Ain't got no stash
This note's for you.

Ain't singin' for Pepsi
Ain't singin' for Coke
I don't sing for nobody
Makes me look like a joke
This note's for you.

Ain't singin' for Miller
Don't sing for Bud
I won't sing for politicians
Ain't singin' for Spuds
This note's for you.

treestar

(82,383 posts)
61. I think he's a Canadian treasure
Wed Jun 17, 2015, 10:41 AM
Jun 2015

Though he may have become a US citizen some time along the way. I don't know about that.

ms liberty

(8,599 posts)
45. Both Peter Gabriel and Rush issued cease and desist orders to Rush Limbaugh
Tue Jun 16, 2015, 08:08 PM
Jun 2015

When they discovered him using their music on his show. It was during the Sandra Fluke nonsense.

cui bono

(19,926 posts)
52. Of course Neil Young is a long time Bernie supporter...
Tue Jun 16, 2015, 09:03 PM
Jun 2015

he's one of my top musical artists of all time. He still rocks!

raouldukelives

(5,178 posts)
65. Oh yeah. He might very well be my favorite living musician.
Wed Jun 17, 2015, 11:21 AM
Jun 2015

And the thought that the Donald might listen to his music and hum along. IDK, kinda makes me ill.
Like when Paul Ryan said he was a Rage Against the Machine fan.


moondust

(20,006 posts)
53. Everybody knows Trump is nowhere.
Tue Jun 16, 2015, 09:36 PM
Jun 2015


Also an old Neil fan. Saw him in Berkeley in 73. Wouldn't surprise me if quite a few Canadians took a liking to Bernie.

 

Spider Jerusalem

(21,786 posts)
54. This is actually kind of amusing that he used that song, though.
Tue Jun 16, 2015, 09:39 PM
Jun 2015

"We got a thousand points of light/for the homeless man/got a kinder gentler machine gun hand/got a man of the people says keep hope alive/got fuel to burn, got roads to drive"

Reminds me of Reagan using "Born in the USA"; did they not actually LISTEN to anything except the chorus?

smokey nj

(43,853 posts)
55. They never listen to the lyrics. Nor do they ever research the artist's political leanings.
Tue Jun 16, 2015, 09:45 PM
Jun 2015

It happens so often, it must be deliberate. I think they have a thing for Cease and Desist letters.

aint_no_life_nowhere

(21,925 posts)
63. Maybe he could borrow the tune by India Arie, "I Am Not My Hair"
Wed Jun 17, 2015, 11:12 AM
Jun 2015

After all, Donald Trump said "I have a great relationship with The Blacks."


deutsey

(20,166 posts)
67. Another example of a dimwit GOPer not understanding (or caring about) what the song means
Wed Jun 17, 2015, 11:55 AM
Jun 2015

Like that moron Reagan trying to usurp Springsteen's Born in the USA...

Young's song was lashing out against GHWBush's America, if I recall correctly:

There's colors on the street
Red, white and blue
People shufflin' their feet
People sleepin' in their shoes
But there's a warnin' sign
on the road ahead
There's a lot of people sayin'
we'd be better off dead
Don't feel like Satan,
but I am to them
So I try to forget it,
any way I can.

Keep on rockin' in the free world,
Keep on rockin' in the free world
Keep on rockin' in the free world,
Keep on rockin' in the free world.

I see a woman in the night
With a baby in her hand
Under an old street light
Near a garbage can
Now she puts the kid away,
and she's gone to get a hit
She hates her life,
and what she's done to it
There's one more kid
that will never go to school
Never get to fall in love,
never get to be cool.

Keep on rockin' in the free world,
Keep on rockin' in the free world
Keep on rockin' in the free world,
Keep on rockin' in the free world.

We got a thousand points of light
For the homeless man
We got a kinder, gentler,
Machine gun hand
We got department stores
and toilet paper
Got styrofoam boxes
for the ozone layer
Got a man of the people,
says keep hope alive
Got fuel to burn,
got roads to drive.

Keep on rockin' in the free world,
Keep on rockin' in the free world
Keep on rockin' in the free world,
Keep on rockin' in the free world.

LiberalLovinLug

(14,176 posts)
71. How can candidates not be sued for this?
Wed Jun 17, 2015, 02:46 PM
Jun 2015

It seems like all a musician can do is file a cease and desist order AFTER the fact. And the sleazeballs on the right know it. The Don has his money shot, forever ensconced into the media circus. ...Oh The damage done....

As a visual artist, no matter if I sell a painting or not, its image is still copywrited with me. If I saw some company use it as a background for an ad or something without asking me first, I could sue them for copywrite infringement. Why is it different for music?

 

jberryhill

(62,444 posts)
78. For a lot of reasons
Wed Jun 17, 2015, 03:54 PM
Jun 2015

First, very few artists actually own the rights in their recordings and, unlike your sale of a painting, they have assigned rights in those recordings or compositions to the owners - in MOST instances.

However, even among the very few artists who do actually own rights in the recordings and/or compositions, many of them have authorized ASCAP to license those works for various purposes.

The reason is that when someone is seeking to use a recording for a commercial purpose - an event, an incidental track in a TV show or movie, whatever - they typically go to ASCAP, because ASCAP has pretty much a universal library of popular music. If you run a commercial establishment, like a restaurant, and you play music over a loudspeaker system, you buy the right license from ASCAP, and you won't be busted by the people they send around to unlicensed bars and restaurants to see if they are playing music.

Political campaigns typically do buy licenses from ASCAP in order to use various recordings at events. If they have done so, they are covered, no matter WHAT the artist says.

This whole "I didn't approve of that" thing has become a regular ritual in American political campaigns. No actual legal action results, because it is typically the artist simply making a personal objection, and usually knowing darn well that if the campaign bought the license through ASCAP, there is nothing the artist can do about it under a copyright claim.

Secondly, there is the measure of damages. Basically, about the only thing practically available - in a situation where the artist owns the rights and hasn't authorized ASCAP to license them - would be an injunction against the campaign from using it again, or from using recordings of the event if the sound is included. There just aren't significant monetary damages on the table. To what extent did it impair the market for the recording? To what extent did the campaign profit from it? What was the license value for that snippet of the song anyway?

Interestingly, Europe has a much more developed notion of "moral rights" in works that go beyond the commercial rights in copyright, but that's neither here nor there.

These are primarily media exercises, and not real legal claims.

Now, if the song were used in a way that it was the theme or slogan of the campaign, or if it were done in such a way that one would think the artist endorses the candidate, then there are some non-copyright causes of action that become relevant, but almost never apply to these types of ritual situations.

treestar

(82,383 posts)
79. Good info
Wed Jun 17, 2015, 10:05 PM
Jun 2015

I had a video taking off you tube because of using a song as backdrop. But then I wouldn't make any money off of it and the video would only be spreading the song (it was old), though only to a small number of people. Maybe You Tube wants to make money to get you to use their stuff - but they have some generic boring stuff only and I don't think it costs anything. So it's a mystery what they are getting out of it.

 

jberryhill

(62,444 posts)
80. That's part of a deal YouTube had to make
Wed Jun 17, 2015, 10:22 PM
Jun 2015

As a consequence of a fair amount of threatened and settled litigation, the situation with YouTube is somewhat complex. What they do is a reflection of the terms they reached with the recording industry, and has only a nodding acquaintance with what the law would or would not require.

Yupster

(14,308 posts)
81. Should an artist be able to turn down a job because he doesn't
Wed Jun 17, 2015, 10:36 PM
Jun 2015

agree with the politics of the guy hiring him?

Should a baker be able to not bake a cake for a customer because he doesn't agree with his politics?

I would think most people would disagree with the baker, but what about the artist? Is it different?

 

jberryhill

(62,444 posts)
82. An artist is not in general business to the public
Wed Jun 17, 2015, 10:45 PM
Jun 2015

You are mixing apples and oranges.

As I already mentioned, an artist who has made their work available on standard terms through a licensing agency in the main, can't do diddly squat about it.

That's why these things are media exercises.

If you offer cakes to the general public, then that is a public accommodation.

There is no where I can go to say, "Here's half a million dollars, I'd like a Cher concert next month please."

Yupster

(14,308 posts)
83. I was just thinking of playing music at a rally, not actually forcing someone to appear
Wed Jun 17, 2015, 11:54 PM
Jun 2015

I was just wondering if it is okay for a candidate to use someone's music who disagrees with him.

Your answer was legally it is fine.

I was wondering if it's right or ethical, and I think it is. A candidate should be able to use whatever music he has paid for just like a bride should be able to buy any cake she pays for.

 

jberryhill

(62,444 posts)
84. As a general practical matter...
Thu Jun 18, 2015, 05:26 AM
Jun 2015

...it's a good idea to avoid the tired media exercise of the artist objecting. And, again, I don't know in this instance who owns what or has paid what.

Law isn't a guide to "what's right."

LiberalLovinLug

(14,176 posts)
85. Thanks for that detailed answer!
Thu Jun 18, 2015, 12:49 PM
Jun 2015

I've read the posts below as well.

Something is wrong with the legal status quo on that. When it comes to politics, it should be different. I can see it for other endevours, but there should be some clause in an artist's contract to be able to refuse based on if the song is being used NOT for commercial purposes in general, but to represent an individual as product. Because the precedent has been already set in that instance. The PERSON that the song represents is Neil Young, and his own personal beliefs. Someone else should not legally be able to use it to represent them as an individual PERSON as well. (Even though The Don may not even realize what the lyrics are saying)


Also, I think a great punch back would be for Bernie to invite Neil Young to play Keep on Rockin in the Free World at a big rally for him. Take it back. That would be a way for Neil to erase any doubt about who he supports , and who was disingenuous with his music. And it would be fantastic for Bernie!

 

jberryhill

(62,444 posts)
86. "Something is wrong with the legal status quo on that"
Thu Jun 18, 2015, 02:15 PM
Jun 2015

I don't know the particulars of this recording, and who owns what.

But without a clearinghouse like ASCAP, use of music for all kinds of things would be a mess. Nobody puts a gun to anyone's head to sign the ASCAP agreement.

Looking at the catalog.... https://www.ascap.com/Home/ace-title-search/index.aspx

The composers are:

SAMPEDRO FRANK M

YOUNG NEIL

The publishers are:

PONCHO VILLA MUSIC
SILVER FIDDLE MUSIC

The song has been recorded by:

BON JOVI
C S N Y
G3
GOVT MULE
INDIGO GIRLS
K S CHOICE
NEIL YOUNG
PEARL JAM
U2
WALLFLOWERS


Do we even know which recording was used?
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