Author Topic: Heart & their outrage over the use of "Barracuda" song  (Read 1353 times)

Offline DiabloTX

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #30 on: September 05, 2008, 01:04:15 PM »
Seasons will pass you by...

I get up...I get down...I get up...I get downnnnnnnnnnn!!!
"There ain't no revolution, only evolution, but every time I'm in Denmark I eat a danish for peace." - Diablo

Offline BoilerDown

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #31 on: September 05, 2008, 01:09:49 PM »
Oh really? Do you know who BMI and ASCAP are?

A bunch of aersholes who once tried to tell me I had to pay up for having live music in the restaurant I managed back in the day.  I told them to go to hell, as the bands I had played originals, not covers (which was 95% true anyways).  But either way, I hope the RNC gets away with not having to pay those jerks (and I'm probably voting for Obama).

As for Heart, a lot of the squeakers are probably very familiar with their Barracuda song, as its part of Guitar Hero 3.
Boildown

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Offline Mickey1992

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #32 on: September 05, 2008, 01:09:59 PM »
.
« Last Edit: September 05, 2008, 01:19:02 PM by Mickey1992 »

Offline Yeager

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #33 on: September 05, 2008, 01:10:15 PM »
Take a straight and stronger course, to the corner of your life.
Make the white queen run so fast she hasn't got time to make you a wife.
"If someone flips you the bird and you don't know it, does it still count?" - SLIMpkns

Offline Holden McGroin

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #34 on: September 05, 2008, 01:48:22 PM »
What it comes down to is intellectual property. The song belongs to Heart and is covered under copywrite law. It is ment for the private use of the audience. Nobody can record or duplicate, in part or in whole, it for public use without the express written permission of Major League Baseball and the Seattle Mariners... err you know what I mean.

If I buy a CD or download (legally) and they get their cut, then I can play the song.  I paid them for thier intellectual rights.  I can turn up my stereo and blast the neighborhood and the only law I break is local sound ordinance or not getting a permit for using a Public Address system.  I can play it as background in a restaurant. I am not in violation of copywrite.

Now if somehow I make money from the public playing, say I am a wedding DJ, perhaps I am in violation.

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Offline RTHolmes

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #35 on: September 05, 2008, 02:18:22 PM »
in the UK you buy a CD, its licensed for personal use. you want to play it to people in any public context you pay for a public performance license (cheap for pbx music on hold, more expensive for a pub etc etc). want to use it on TV or a movie? need a different license, muuuch more expensive.

interesting one for a music lawyer this one though, if its playing in the background and appears in media as part of a random selection of music its probably ok (assuming the conference have their performance license.) if it always appears in the background when a candidate is on, you could argue that the song is being used as part of the branding of the candidate,
to promote the sale of an item

a good lawyer could attack this from several angles.


PS Holden if you blast the neighbourhood you might be violating the license because its a public performance. its not personal use, unless you could prove that all within listening range are personally known to you and associating with you at that time :rolleyes:

edit: pretty sure ive got a Heart album somewhere, gonna look for it now :)
« Last Edit: September 05, 2008, 02:20:48 PM by RTHolmes »
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Offline DiabloTX

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #36 on: September 05, 2008, 03:15:38 PM »
Does this mean The Pretenders aren't really Rush Limbaugh fans?

OH NOES!!1!!!!11!!!

When a landmark copyright case was decided in the 1990s, musical artists gained control over their works when performed thematically. Briefly in 1999, Limbaugh was forced to suspend playing the song while negotiating with the attorneys of the song's writer, Crissie Hynde. She decided to allow Limbaugh to use it, with Limbaugh paying her approximately $500,000/year which she donates to the animal rights organization PETA. Hynde explained that she doesn't agree with Limbaugh but her parents are big fans.
« Last Edit: September 05, 2008, 03:18:27 PM by DiabloTX »
"There ain't no revolution, only evolution, but every time I'm in Denmark I eat a danish for peace." - Diablo

Offline Holden McGroin

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #37 on: September 05, 2008, 03:37:54 PM »
PS Holden if you blast the neighbourhood you might be violating the license because its a public performance. its not personal use, unless you could prove that all within listening range are personally known to you and associating with you at that time :rolleyes:

The recording industry is losing a vast amount of money then.  I can hear the stereo of about every third car going down my road.
Holden McGroin LLC makes every effort to provide accurate and complete information. Since humor, irony, and keen insight may be foreign to some readers, no warranty, expressed or implied is offered. Re-writing this disclaimer cost me big bucks at the lawyer’s office!

Offline RTHolmes

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #38 on: September 05, 2008, 03:46:19 PM »
yeah that occurs to me every time some gangsta wannabees park outside my house with 1K of sub shaking the street, the fines for ppl violation are waaay more hefty than a ticket for noise ;)


Briefly in 1999, Limbaugh was forced to suspend playing the song while negotiating with the attorneys of the song's writer, Crissie Hynde. She decided to allow Limbaugh to use it, with Limbaugh paying her approximately $500,000/year which she donates to the animal rights organization PETA. Hynde explained that she doesn't agree with Limbaugh but her parents are big fans.

lol a conservative and a liberal came to a pragmatic compromise, with a solution where everyone was satisfied :o  im sure theres a lesson in there somewhere...
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Offline Donzo

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #39 on: September 05, 2008, 03:52:22 PM »
yeah that occurs to me every time some gangsta wannabees park outside my house with 1K of sub shaking the street



<whisper>
psssst......HERF gun
</whisper>

Offline Xargos

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #40 on: September 05, 2008, 03:55:23 PM »

lol a conservative and a liberal came to a pragmatic compromise, with a solution where everyone was satisfied :o  im sure theres a lesson in there somewhere...

Yea... Money make the world-go-around.
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Offline WWhiskey

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #41 on: September 05, 2008, 03:58:21 PM »
Did'nt the same thing happen with Bruce Springsteen and Reagan over "Born in the USA"?
(Springsteen won that one, BTW)

true,, but the deal is, once it is realesed, they can use it if they want , they must pay, but, you can't stop them, the only diff. is that every time the repub's have been asked to stop , they have.
cindy sheehan would not stop using dead soldiers names, even after the request of the parents not do so,
kind of a respect thing , most repub's. have it , most dem's. don't.    small thing i know , but i would think that you get it, maybe i'm wrong about you , surely this is not the best you have?
kind of like the protest's at the conventions, didnt see many repub's. breaking into the dnc convention, but i bet you saw those loonies at the rnc!
also didn't see charlie gibson reporting on the dnc parties that big oil threw for them, but i didn't miss  his report on how the rnc was going to those same parties, thrown by the same people!
your better than this,, come on, be a man tell the truth , it will set you free!!
just pickin on you because i like you , after all , your a homeboy!
Flying since tour 71.

Offline WWhiskey

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #42 on: September 05, 2008, 04:01:42 PM »
on that note gotta go play poker    10,000 dollar game  be back sometime after the sun rises <<S>>
Flying since tour 71.

Offline RTHolmes

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #43 on: September 05, 2008, 04:03:13 PM »
Money make the world-go-around

its the oil of democracy :D
71 (Eagle) Squadron

What most of us want to do is simply shoot stuff and look good doing it - Chilli

Offline RTHolmes

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Re: Heart & their outrage over the use of "Barracuda" song
« Reply #44 on: September 05, 2008, 04:11:34 PM »
psssst......HERF gun
:rofl (had to google HERF) i've got a portable EMP device sketched on the back of an envelope somewhere for exactly that purpose, unfortunately im only confident at 48V or less so didnt fancy hacking my microwave oven ;)
71 (Eagle) Squadron

What most of us want to do is simply shoot stuff and look good doing it - Chilli