Heart ask Sarah Palin to stop using "Barracuda"

[estranged4life]

Will McCain's Heart Stop?
Whether the campaign needs permission to play "Barracuda."
By Chris Wilson

Ann and Nancy Wilson, the frontwomen of the rock band Heart, are demanding that the McCain campaign stop using their 1977 song "Barracuda" at political rallies after the song was played in honor of vice-presidential nominee Sarah Palin on both Wednesday and Thursday nights. Does the McCain campaign have to honor the Wilsons' wishes?

Not if the campaign has the correct license. Like thousands of other songs, "Barracuda" is distributed by the American Society of Composers, Authors, and Publishers, meaning that any entity that is licensed with ASCAP can play a song without getting the artist's explicit permission. This license can be held by a venue, like a club or a sports arena, and apply to all events that take place there. In this case, the Xcel Energy Center in St. Paul, Minn., would be the holder, but a representative tells the Explainer that the venue's ASCAP license applies only to sporting events for the Minnesota Wild and the Minnesota Swarm, the professional hockey and lacrosse teams, respectively; otherwise, it's up to the people who use the premises to get their own. A spokesperson for the Republican Convention said the event did have an ASCAP license separate from the one for sports.

Assuming the licenses were all in order, the Wilson sisters probably don't have much legal recourse. But it would be a much different story if the campaign had used the song in an ad or a promotional video. While an ASCAP license covers the right to perform a song, you need a separate "synchronization license" from the publisher to put the song in an ad. Some artists ask for stipulations in their contracts with publishers that prevent their songs from being used for political advertisements or any other causes they find objectionable. (Neil Diamond, for example, is known to be very reluctant to license his songs for programming that is even vaguely political.)

Last month, singer-songwriter Jackson Browne sued the McCain campaign, the Republican National Committee, and the Ohio Republican Party over the use of his song "Running on Empty" in an ad without obtaining a sync license. Had the McCain campaign used "Barracuda" in a video montage about Palin, they would have been required to get this permission, which the Wilson sisters presumably would have rejected—assuming their publisher asked them.

It's very common for musicians to object to the use of their material. The McCain campaign has already run afoul of several other artists this year, including John Mellencamp and Van Halen. In both those cases, the artists were objecting to the use of their songs at rallies, where an ASCAP license would apply. The McCain campaign agreed to stop playing Mellencamp songs voluntarily. The issue also frequently crops up with Christian groups that do not wish their material to be used at events they find objectionable.

If the campaign chooses to continue playing "Barracuda," and so much so that it becomes associated with Palin, the Wilson sisters could have a legal claim. They might argue a violation of their "right to publicity," which protects a person from having her identity used for marketing purposes. Such protections vary by state and tend to apply to commercial products, not political messages.

[TpaDavid]

From Heart's web site:
Heart Condemns the Use of the Song Barracuda at the Republican Convention
[ 9/5/2008 ]
Rock Group Heart Condemn The Use of The Song Barracuda at The Republican Convention
Ann and Nancy Wilson of Heart have informed the McCain/Palin Campaign that Universal Music Publishing and Sony BMG have sent a cease-and-desist notice to not use one of Heart's classic songs "Barracuda," as the congratulatory theme for Sarah Palin.
The Republican campaign did not ask for permission to use the song, nor would they have been granted that permission.
"We have asked the Republican campaign not to use our music.
We hope our wishes will be honored."

Heart's message board had to be closed on Friday after an invation of trolls. Ann and Nancy's RAWK!

[ajmccarrell]

Personally, they ought to quit their whining. If Obama wanted to use one of my songs, I'd be honored. I might say something on the website about not agreeing with his views, but I would consider it an honor to be part of history, or something along those lines. We all should take a lesson from John McVie; he toured relentlessly behind Bill Clinton even though he is a Republican. I think it showed class. The Wilson sisters strike me a classless in this instance.

[BombaySapphire3]

Originally Posted by ajmccarrell

Personally, they ought to quit their whining. If Obama wanted to use one of my songs, I'd be honored. I might say something on the website about not agreeing with his views, but I would consider it an honor to be part of history, or something along those lines. We all should take a lesson from John McVie; he toured relentlessly behind Bill Clinton even though he is a Republican. I think it showed class. The Wilson sisters strike me a classless in this instance.

Nah I think they just know what women would have in Sarah Palin..and understanding that I can easily see why Ann and Nancy would not want her to use their song as her theme song.

[gldstwmn]

Originally Posted by ajmccarrell

We all should take a lesson from John McVie; he toured relentlessly behind Bill Clinton even though he is a Republican.

The band wasn't even together anymore when Clinton chose the song for his campaign. They reunited to play it at his inaugural.

[LukeA]

Originally Posted by ajmccarrell

We all should take a lesson from John McVie; he toured relentlessly behind Bill Clinton even though he is a Republican. I think it showed class. The Wilson sisters strike me a classless in this instance.

Please refresh my memory as to where/when John has said he is a Republican.

If I was a musical artist, I wouldn't want a song of mine misrepresented and used to promote a political agenda that completely differed with my own. What's classless about that?

[BombaySapphire3]

Originally Posted by LukeA

Please refresh my memory as to where/when John has said he is a Republican.

If I was a musical artist, I wouldn't want a song of mine misrepresented and used to promote a political agenda that completely differed with my own. What's classless about that?

He is right about McVie at least according to Lindsey who around the time of The Clinton inauguration described John as a "rock ribbed Republican"..there is nothing classless about the Wilson's not wanting Palin to use their song...Palin herself on the other hand seems very short on that particular quality.

[LukeA]

Originally Posted by BombaySapphire3

He is right about McVie at least according to Lindsey who around the time of The Clinton inauguration described John as a "rock ribbed Republican"

Thanks... I need to track down that quote.

[ajmccarrell]

Originally Posted by LukeA

Please refresh my memory as to where/when John has said he is a Republican.

If I was a musical artist, I wouldn't want a song of mine misrepresented and used to promote a political agenda that completely differed with my own. What's classless about that?

Well, Google "John McVie Republican" and you'll see that he says that he is quite a bit. There was also an article on the SYW that they would put Kerry stickers on his guitar case to needle him. When you release an album, you may understand you'll need all the publicity you get get!

[ajmccarrell]

Originally Posted by BombaySapphire3

He is right about McVie at least according to Lindsey who around the time of The Clinton inauguration described John as a "rock ribbed Republican"..there is nothing classless about the Wilson's not wanting Palin to use their song...Palin herself on the other hand seems very short on that particular quality.

Re the last comment... Based on what? She seems a lot classier than the lefty bloggers and magazines that make up stories about her. I think she's handled anything tossed at her with a great deal of class and dignity.

[paleshadow]

Originally Posted by ajmccarrell

Personally, they ought to quit their whining. If Obama wanted to use one of my songs, I'd be honored. I might say something on the website about not agreeing with his views, but I would consider it an honor to be part of history, or something along those lines. We all should take a lesson from John McVie; he toured relentlessly behind Bill Clinton even though he is a Republican. I think it showed class. The Wilson sisters strike me a classless in this instance.

I wonder if they really even mind that much at all. When you think about it, they are getting much more publicity by objecting to it than they would if they happily collected their royalties and kept quiet.

[LukeA]

Originally Posted by paleshadow

I wonder if they really even mind that much at all. When you think about it, they are getting much more publicity by objecting to it than they would if they happily collected their royalties and kept quiet.

Depending on the venue and how its reported, it amounts to about 50 cents per spin... there's no real royalties to be had- unless it somehow spurred "Barracuda" into the Top 40, or something.

I have to believe that its simply and honestly the principle of it all.

[paleshadow]

Originally Posted by LukeA

Depending on the venue and how its reported, it amounts to about 50 cents per spin... there's no real royalties to be had- unless it somehow spurred "Barracuda" into the Top 40, or something.

I have to believe that its simply and honestly the principle of it all.

I like Heart, but like many older acts, they aren't the huge stars they once were. They are touring a triple bill right now with Journey, and Cheap Trick. So while they may only get 50 cents every time the republicans play Barracuda, they are getting their name out there in a much bigger way than they would warming up the audience for Journey. They may even sell some more concert tickets due to the publicity, not to mention the potential to gain new fans who may have never heard of them. While it very well may be a matter of principal to them, it definitely is more beneficial for them to complain than to keep silent. Even the co writer and former guitarist of the song recognized that this exposure is a good thing for them.

[gldstwmn]

Originally Posted by ajmccarrell

There was also an article on the SYW that they would put Kerry stickers on his guitar case to needle him. When

That was from Cory Buckingham's tour diary. She never said what the intent was.

[gldstwmn]

Originally Posted by paleshadow

I like Heart, but like many older acts, they aren't the huge stars they once were. They are touring a triple bill right now with Journey, and Cheap Trick. So while they may only get 50 cents every time the republicans play Barracuda, they are getting their name out there in a much bigger way than they would warming up the audience for Journey. They may even sell some more concert tickets due to the publicity, not to mention the potential to gain new fans who may have never heard of them. While it very well may be a matter of principal to them, it definitely is more beneficial for them to complain than to keep silent. Even the co writer and former guitarist of the song recognized that this exposure is a good thing for them.

Roger Fisher is a jackass. I doubt that Heart needs the money or publicity at this stage of their career. I think Ann and Nancy don't want Barracuda being used by the McCain campaign.