Congress drops SOPA, PIPA still alive

[MrsJoseph]

Originally Posted by sadievan

I wrote to my congresswoman and 2 senators already. Probably won't have much luck with Dick Durbin (D) as he is one of the backers of the bill.

Hopefully the others will listen.

Carol

I've called all my reps/senators and now just need to write them as well.

Talking to aides on the phone is pretty funny...they are all stumbling over their lies...

[WT Sharpe]

Originally Posted by sadievan

I wrote to my congresswoman and 2 senators already. Probably won't have much luck with Dick Durbin (D) as he is one of the backers of the bill.

Hopefully the others will listen.

Carol

Originally Posted by MrsJoseph

I've called all my reps/senators and now just need to write them as well.

Talking to aides on the phone is pretty funny...they are all stumbling over their lies...

I've written to one of our senators. I still need to write our other senator and our representative.

[GA Russell]

Originally Posted by drofgnal

How about all the politicans who without permission use copyrighted songs for campaign themes. Before her campaign imploded Michelle Bachman had to be reminided by Tom Petty that 'American Girl' was copyrighted material and asked her to stop using it! Others have done so as well.

drofgnal, I think that you have a misunderstanding of US copyright law regarding music.

I could be wrong, but I don't think that the copyright holder has the right to prohibit the public performance of a song. He just has the right to be paid for it.

As far as I know, when Democratic musicians ask Republican politicians to stop using their songs, they are merely making a request (accompanied by a self-serving press release) rather than making a demand.

[Elfwreck]

Originally Posted by drofgnal

How about all the politicans who without permission use copyrighted songs for campaign themes. Before her campaign imploded Michelle Bachman had to be reminided by Tom Petty that 'American Girl' was copyrighted material and asked her to stop using it! Others have done so as well.

I don't believe he was pointing out that it was copyrighted; her campaign had probably paid for a license to use it. (The fees are fairly standardized; it's a simple thing to do.) But having the songwriter come out in public and say "I don't support you nor your campaign" makes it a bad idea to use the song; odds are, the performer is better-liked than the politician, and any gains from using a popular song are offset entirely when the performer denounces that use.

The NOM campaign people had the same problem with a Peter Paul & Mary song--the performers couldn't prevent them from using it, but they could make public statements that they hated the campaign and didn't endorse it.

Most politicians can't afford to face off in public against rock stars. It's bad press, not copyright infringement.

[drofgnal]

Originally Posted by GA Russell

drofgnal, I think that you have a misunderstanding of US copyright law regarding music.

I could be wrong, but I don't think that the copyright holder has the right to prohibit the public performance of a song. He just has the right to be paid for it.

As far as I know, when Democratic musicians ask Republican politicians to stop using their songs, they are merely making a request (accompanied by a self-serving press release) rather than making a demand.

You may be correct, apparently the legal ramifications are unclear. I found this in Rolling Stone magazine:

The trouble started on Monday evening when Bachman played "American Girl" at the end of a speech in Iowa where she officially announced her presidential campaign. The Petty camp immediately sent the candidate a cease and desist letter, but the legal rights of politicians to play music at campaign events without the permission of the artists is unclear. Many legal experts feel that if the campaign buys a license from ASCAP they are allowed to play any song they want without seeking approval from the artist. Others argue that the use of a song at a campaign rally implies that the artist endorses the politician, and thus they must seek approval from the musician. The matter has yet to be tested before a judge, but most politicians stop the moment that an artist complains.



Read more: http://www.rollingstone.com/music/ne...#ixzz1k1JLFytK

[drofgnal]

http://www.usatoday.com/tech/news/st...ote/52693670/1

[GA Russell]

Originally Posted by drofgnal

You may be correct, apparently the legal ramifications are unclear. I found this in Rolling Stone magazine:

The trouble started on Monday evening when Bachman played "American Girl" at the end of a speech in Iowa where she officially announced her presidential campaign. The Petty camp immediately sent the candidate a cease and desist letter, but the legal rights of politicians to play music at campaign events without the permission of the artists is unclear. Many legal experts feel that if the campaign buys a license from ASCAP they are allowed to play any song they want without seeking approval from the artist. Others argue that the use of a song at a campaign rally implies that the artist endorses the politician, and thus they must seek approval from the musician. The matter has yet to be tested before a judge, but most politicians stop the moment that an artist complains.



Read more: http://www.rollingstone.com/music/ne...#ixzz1k1JLFytK

Thanks for that quote. Personally, I think that the argument that playing a song implies a composer's endorsement is a non-starter.