Tom Petty tells Bachmann "Don't Come Around Here No More"

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Tom Petty has told US presidential candidate Michele Bachmann to stop using one of his songs as part of her campaign, insisting he did not give the rightwing politician permission. ​

Within 24 hours of the televised launch of Bachmann's 2012 campaign, Petty's lawyers reportedly pounced on the press-conference, which used the song American Girl.​


"Petty isn't pleased," reported NBC's Kelly O'Donnell, while Rolling Stone confirmed the singer's lawyers had sent the Minnesota congresswoman a cease and desist order. ​


In 2000, when Republican candidate George W Bush was discovered playing ‘I Won't Back Down’ at his rallies, Petty's representatives told the future president. "This use has not been approved. Any use made by you or your campaign creates, either intentionally or unintentionally, the impression that you and your campaign have been endorsed by Tom Petty, which is not true." ​


Bush backed down.​













http://www.guardian.co.uk/music/2011/jun/29/tom-petty-michele-bachmann​

 
Actually, it doesn't clearly fall into Fair Use Doctrine.


This falls into a rather grey area that is much more complicated and has been an issue in the last few major election cycles.


It is clear copyright infringement.


The problem is what would happen in court.


It would be simpler for her if she either paid him royalties or stopped using it altogether.


He could try to sue under copyright infringeme*nt and no politician would like that to happen.


From a legal standpoint, there is no clear cut answer as to how an artist filing suit would fare. While it is clear that there is a copyright infringement, since the songs are being used publicly without the artists permission or without paying royalties to a performance rights organization, such as ASCAP or BMI; still, it is not clear whether the infringement would be protected by a Fair Use argument.

http://the*jurisprude*.wordpress*.com/2008/*09/04/more*-musicians*-upset-ove*r-politica*l-usage/







http://www.huffingtonpost.com/social/MIvoter1231/tom-petty-michele-bachmann_n_886384_94678308.html
 
Petty is a has-been. Bachmann is now. There's plenty of conservative song-writers and performers who jump at the chance for her to use a song. As always, let the market do its magic.
 
Michele Bachmann will not have to look far for replacement anthems after Tom Petty and Katrina and the Waves objected to her playing “American Girl” and “Walking on Sunshine.”


Ted Nugent offered up a couple of his own as replacement tunes for the Minnesota congresswoman that are not exactly family fare.



Nugent wrote in an email to the paper “In a perfect world her ultimate campaign theme song would be WANG DANG SWEET POONTANG.”



http://www.newsmax.com/InsideCover/Bachmann-Nugent-songs-music/2011/06/30/id/402039













​
The song is a reference to Nugent's fondness for underage girls.




In 1978, Nugent began a relationship with seventeen-year-old Pele Massa. Nugent joined Massa's parents in signing documents to make himself her legal guardian, an arrangement that Spin magazine ranked on their list of the "100 Sleaziest Moments in Rock"


Maybe Bachmann and Nugent should join forces, and Ted could ask Gary Puckett if it's OK to use this song:




61ya7-U9hlL._SL500_AA240_.jpg


Young Girl

Young girl, get out of my mind
My love for you is way out of line
Better run, girl,
You're much too young, girl
With all the charms of a woman
You've kept the secret of your youth
You led me to believe
You're old enough
To give me Love
And now it hurts to know the truth, Oh,
Beneath your perfume and make-up
You're just a baby in disguise
And though you know
That it is wrong to be
Alone with me
That come on look is in your eyes, Oh,
So hurry home to your mama
I'm sure she wonders where you are
Get out of here
Before I have the time
To change my mind
'Cause I'm afraid we'll go too far, Oh,
Young girl


facepalm.gif
 
LOL, the only one that offered is family-values poster boy Ted Nugent, who shares Bach-to-Mom's hypocrisy.


In the late 1960s, prior to his first marriage, Nugent fathered a boy, Ted (Mann) and a girl, whom he gave up for adoption in infancy. This did not become public knowledge until 2010. The siblings were adopted separately and had no contact with one another. The son learned the identity of his birth father in 2010 through the daughter's quest to make contact with him.




In 2005 Nugent was involved in a legal battle for not paying enough child support for a child he had out of wedlock in 1995.




http://en.wikipedia.org/wiki/Ted_Nugent




I wonder if Marcus, Michele's male master, would approve?
 
Apparently the issue comes down to a legal argument between copyright law and licensing law. The only artists to pursue it legally was Jackson Brown against McCain's campaign. It was technically a different issue since it was the use of a song for an actual campaign ad-not a political rally.

I think an artist like Petty can run the risk of alienation of an audience- on a personal note however, I understand his position. Of course he ought to then not participate in ASCAP and enjoy the royalties of being a member.
 
Ice Dancer said:
No, I looked it up, Petty has a right to refuse her usage.

and this
Click to expand...

Again, it would depend on how much of the song was used. Let's say, there was this leftist band that sang a song played on Rush Limbaugh's show (BTW, there is), so long as he played only a portion of the song he could continue to use it as his bumper music without having to pay royalties. The same would be true for Michelle. It depends on how much of the song she used.

In this case it is likely that Tom has the right to tell her to quit using his song, especially if she used more than a small portion of the song at introduction, however it isn't an absolute right, it depends on exactly how much of the song is used.

You'll see this in usage on American Idol often, they'll allow their singers to sing only a portion of a song, and they know exactly how much can be used without permission, believe me. When a full song is used they need to get permission, they usually refuse to pay for that until near the end of the show... Hence you'll get portions played, but not full songs unless it is from a list of "free use" songs where the copyright is free, until the show reaches the point where the audience is voting and where they deem it worth the cost to pay the royalties.
 
Of course, I would personally not have played a song without getting the writer's permission if I was at that level in politics. Artists sometimes don't want their names associated with any politician, let alone one that may be of an opposing party.
 
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