Comments: Heart vs. McCain

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.

Posted by Dave J at September 6, 2008 12:31 PM
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