September 05, 2008

Heart vs. McCain

Ann and Nancy Wilson are Democrats,apparently:

Rock group Heart is furious with John McCain for bucking a request to stop playing their 1977 hit, "Barracuda," and is puzzled by the use of a song about "soulless" executives as the theme for his running mate, Sarah Palin.

"I feel completely [expletive'd] over," the band's Nancy Wilson told EW on Thursday night after their song was played following McCain's acceptance speech at the Republican National Convention in St. Paul. According to TMZ -- which broke the scandal, the band has filed a cease and desist order.

Whoever wrote that horrible, horrible "Raising McCain" country song, though, apparently isn't sorry.

Posted by Stephen Silver at September 5, 2008 04:55 PM

The band hasn't filed a cease and desist "order." They haven't filed anything: they've sent a cease and desist letter to the RNC and the McCain campaign. A party can't order another party to do anything: courts do that. Moreover, while I expect "Barracuda" won't be used again out of courtesy, nothing at all's been filed as a copyright infringement suit in this context would almost certainly be dismissed. There's no way music gets played by campaigns without getting an ASCAP license for it first, and moreover, even if they didn't, they're not commercially profiting from it so they can arguably use it anyway.

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