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What effect, if any, does this have on musicians complaining about the use of their work by issue advocates, e.g., the group Survivor complaining about the use
by thyrsus 11y ago
What effect, if any, does this have on musicians complaining about the use of their work by issue advocates, e.g., the group Survivor complaining about the use of "Eye of the Tiger" by Mike Huckabee at the Kim Davis support rally?
- pdabbadabba 11y agoI think none, since those performances are not subject to the DMCA takedown procedures at issue here. It could affect videos of those rallies posted online, but only in that the artists will have to form a good-faith (though possibly inaccurate) belief that these performances are not fair uses before sending takedown notices.
- mmanfrin 11y agoIANAL; but I don't think this affects that at all -- it would affect people hosting a video taken of that rally that included the song in the background, but the Survivor lawsuit is about Huckabee/Davis's use of the song in the rally.
- 6stringmerc 11y agoFrom my understanding, as long as the venue in which those songs are being broadcasted over loud speakers pay the ASCAP/BMI collection society fees, the only recourse the artists like Survivor or R.E.M. have is to publicly decry their affiliation. I mean, they can sue, but I highly doubt they'd win. It would be an interesting case to see the angles taken though. Now, using one of the songs in a commercial, that's a different beast all together (re: sync rights). Beastie Boys are 2 for 2 in defending their sync rights in the past 5 years or so (GoldiBlox & Monster Energy).