Aces High Bulletin Board
General Forums => The O' Club => Topic started by: texasmom on September 05, 2008, 09:53:14 AM
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So they're furious that the RNC played Barracuda.
What's the difference in anyone using a photo image (along with appropriate copyright information) and using a song?
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Furious, eh? I'm desolated.
I'm with you TM (implicitly). Folks' capacity for fury is malformed.
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I don't believe there are any legalities involved, more a matter of courtesy. As long as you don't try to package and sell the song or photo, or use it to promote the sale of an item then you can use it. Big old gray line to use it during a convention, but I don't believe it is illegal.
I'm desolated
huh?
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wow. Such angry fury. I'm visuallizing them high-fiving for the lucky opportunity to get some ink and hang on to relevancy in this ever-changing world.
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See below.
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It seems that Heart asked them not to use it....I take this to mean that as a courtesy they asked them and the RNC ignored that request.
This implies that, legally, no permission was needed.
http://hollywoodinsider.ew.com/2008/09/heart-responds.html (http://hollywoodinsider.ew.com/2008/09/heart-responds.html)
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Awe, that's too bad. If they did ask & were asked not to use it, they shouldn't have used it [even if it was the perfect song for the moment].
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Did'nt the same thing happen with Bruce Springsteen and Reagan over "Born in the USA"?
(Springsteen won that one, BTW)
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And George Bush and Bobby McFerrin. But who gives a crap anyway, if that's all Heart has to beeotch about.
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Diablo, would you mind if I used the Chog to paste a bunch of "I heart OBAMA!" stickers and drive around town? I mean, it's only a car, right?
You get the point, right?
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So they're furious that the RNC played Barracuda.
What's the difference in anyone using a photo image (along with appropriate copyright information) and using a song?
BUT YET, DOESN'T the government go after people for downloading songs from free services like limewire?
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Diablo, would you mind if I used the Chog to paste a bunch of "I heart OBAMA!" stickers and drive around town? I mean, it's only a car, right?
You get the point, right?
If it made me more money and made my car worth a helluva lot more money you bet Obama could use it. Doesn't mean I endorse him though. You get that point, right?
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http://www.youtube.com/watch?v=4bt_-R5LInU&feature=related
BTW, the song for the younger peeps on the board. One of the many crown jewel songs of the 70's. Man, that guitar TONE! Thick as a steak!
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Well as long as the guy running the sound board or whoever coordinated the entire thing bought the copy of the song, it's all legal. No different than a DJ who is playing the song in a club.
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Isnt heart the band where the fat chick ate the rest of the band when they got stranded in the mounains?
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Absolutely I get your point. 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.
Heart don't back Johnny Mac and it's unfair to use their property to do so.
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Well as long as the guy running the sound board or whoever coordinated the entire thing bought the copy of the song, it's all legal. No different than a DJ who is playing the song in a club.
what about the film, or the promotions for the convention? more to the legality than what you just posted. I don't think they have a case, unless there is new law about theme music......... :noid
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http://www.youtube.com/watch?v=4bt_-R5LInU&feature=related
BTW, the song for the younger peeps on the board. One of the many crown jewel songs of the 70's. Man, that guitar TONE! Thick as a steak!
I just watched Heart play the Dreamboat Annie album in concert on MHD (MTV's HD channel). They are a great band. Ann may have packed on the pounds, but her voice is just as clear as it was in the 70's.
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Absolutely I get your point. 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.
Heart don't back Johnny Mac and it's unfair to use their property to do so.
I agree! If Heart truly is about the art and not in it for the money I suggest all of the money they're going to make from the publicity for this song should be donated to a charity! All of it!
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Didn't I read something on this board that it is illegal for employees of a business to have a local radio station playing so loud that customers could hear it?
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As long as the fees/royalties were paid, Heart has no say. They cannot tell one person who pays the fee 'yes' and another, who pays the same fee, 'no'. It IS their intellectual property but, since it's published, it's for sale to whomever wants to purchase it. Too bad, so sad, nice try.
I guarantee, nobody at the RNC last night gave a dern whether Heart, the 'has been's', are J-Mac supporters or not. The song fit and it added to the festive moment.
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Great!,........They can get Lars to be their "spokesman". :rofl :rock
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I agree! If Heart truly is about the art and not in it for the money I suggest all of the money they're going to make from the publicity for this song should be donated to a charity! All of it!
You think it will drive up sales? OK, I'll agree they should donate it.
Xargos, you are partially correct. If you do have a radio playing loud enough for customers to hear you are liable for payment to the licensing bureaus. Not just one, but all of them. It costs several thousand dollars a year, depending on the size of the store.
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You think it will drive up sales? OK, I'll agree they should donate it.
Xargos, you are partially correct. If you do have a radio playing loud enough for customers to hear you are liable for payment to the licensing bureaus. Not just one, but all of them. It costs several thousand dollars a year, depending on the size of the store.
Only if you are charging those customers to listen to it. Radio is free. Anyone with a radio can listen to it. The only way you would be liable for this type of fee would be if you charge people to listen to it <or admission to your facility and the radio is playing>. No profit from it playing? No fees.
:aok
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You think it will drive up sales? OK, I'll agree they should donate it.
Xargos, you are partially correct. If you do have a radio playing loud enough for customers to hear you are liable for payment to the licensing bureaus. Not just one, but all of them. It costs several thousand dollars a year, depending on the size of the store.
Do you not remember "Don't Stop Believin'" by Journey became the #1 most downloaded song after The Soprano's series finale? I don't think "Barracuda" will be that popular but it will make Heart a chunck of change, no doubt.
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Isnt heart the band where the fat chick ate the rest of the band when they got stranded in the mounains?
:rofl :rofl :rofl
They're a bunch of has beens anyway...... :D
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Isnt heart the band where the fat chick ate the rest of the band when they got stranded in the mounains?
i think that was wilson phillips.
:uhoh
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It costs several thousand dollars a year
wrong.
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wrong.
Oh really? Do you know who BMI and ASCAP are?
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I just watched Heart play the Dreamboat Annie album in concert on MHD (MTV's HD channel). They are a great band. Ann may have packed on the pounds, but her voice is just as clear as it was in the 70's.
Great DVD!
I prefer not to know the politics of the entertainers I enjoy because 99% of the time they are standard run of the mill socialist liberals and pinko commies.
I'll make an exception for Heart though :lol
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Seasons will pass you by...
I get up...I get down...I get up...I get downnnnnnnnnnn!!!
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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.
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.
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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.
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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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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 :)
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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.
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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.
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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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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>
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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 (http://www.youtube.com/watch?v=rkRIbUT6u7Q).
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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!
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on that note gotta go play poker 10,000 dollar game be back sometime after the sun rises <<S>>
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Money make the world-go-around
its the oil of democracy :D
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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 ;)
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Isnt heart the band where the fat chick ate the rest of the band when they got stranded in the mounains?
Dunno, but here's an example of evidence proving she doesn't have the good sense to know when to quit :huh
http://uk.youtube.com/watch?v=bFpFBLRQ8Ns&feature=related
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Dunno, but here's an example of evidence proving she doesn't have the good sense to know when to quit :huh
http://uk.youtube.com/watch?v=bFpFBLRQ8Ns&feature=related
I really don't know what you're talking about. Ann has as strong a voice as ever - maybe even stronger than ever. Just because she put on a few (OK, quite a few) pounds doesn't mean she should hang it up.
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lol one of the commits on that site said.. "Who cares they are both one hit wonders" :rofl
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lol. that's pretty funny
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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.
Sorry for the long delay in responding. Had to go to work.
Holden, if you play any music that is copywritten thru BMI, ASCAP or SESAC in a public setting you owe royalties. About 15 years ago BMI went on a rampage and hit thousands of restaurants, bars, retail stores, grocery stores, ect. They gave the owners the option of paying yearly dues or being fined for back royalties. The courts backed the copywriters because under US law they are entitled royalties for any public performance of their product.
Just because you paid royalties when you bought the music does not mean you can play it anywhere you want. Those royalties only cover your personal, private use.
Here is a link to a good article on performance royalties thru BMI & ASCAP.
http://www.wooddonut.com/writing/essays/royalty-politics.html (http://www.wooddonut.com/writing/essays/royalty-politics.html)
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If elected I bet Palin will own "Barracuda" even if Heart doesn't want to sell it...
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lol anne "the refrigerator" wilson outraged. good. and good on mccain and company for causing the outrage.
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Did'nt the same thing happen with Bruce Springsteen and Reagan over "Born in the USA"?
During Reagan's campaign, George Will went to a Springsteen concert and concluded that based on his lyrics Springsteen might be a Reagan supporter (That is officially listed as the most clueless conclusion in the history of American journalism). Will suggested Reagan's campaign use the song, they contacted Springsteeen for permission and Springsteen declined.
There was never any legal action. The GOP just realized it wouldn't be a good idea to piss off the Boss and his millions of fans. With Heart, they're probably no too concerned about their fans (both of them).
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Sorry for the long delay in responding. Had to go to work.
Holden, if you play any music that is copywritten thru BMI, ASCAP or SESAC in a public setting you owe royalties. About 15 years ago BMI went on a rampage and hit thousands of restaurants, bars, retail stores, grocery stores, ect. They gave the owners the option of paying yearly dues or being fined for back royalties. The courts backed the copywriters because under US law they are entitled royalties for any public performance of their product.
Just because you paid royalties when you bought the music does not mean you can play it anywhere you want. Those royalties only cover your personal, private use.
Here is a link to a good article on performance royalties thru BMI & ASCAP.
http://www.wooddonut.com/writing/essays/royalty-politics.html (http://www.wooddonut.com/writing/essays/royalty-politics.html)
<-- part-time musician/DJ. For the first time ever, I completely agree with everything in RPM's post :eek:
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I really don't know what you're talking about. Ann has as strong a voice as ever - maybe even stronger than ever. Just because she put on a few (OK, quite a few) pounds doesn't mean she should hang it up.
Did you listen to the performance I posted the link to? Both her and the band are awful in it.
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Did you listen to the performance I posted the link to? Both her and the band are awful in it.
I tivo'd that performance when it was played on HDnet. The entire concert was spot on and nearly flawless. When you have real musicians playing real instruments (as opposed to lip lyncing to a sequencer), it is nearly impossible to sound exactly like the record.
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Sorry for the long delay in responding. Had to go to work.
Holden, if you play any music that is copywritten thru BMI, ASCAP or SESAC in a public setting you owe royalties.
ASCAP claims that "the public interest demands that such an organization exist" and that it is "the only practical way to give effect to the right of public performance which the Copyright Law intends creators to have." Permission is granted in the form of a yearly blanket license, that entitles a buyer to use anything in the ASCAP or BMI catalog during a calendar year.
So all the Repubs or Demos need to do is buy a blanket license and they are covered for anything in the ASCAP or BMI catalog. Seems they should buy a licence for election years.
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I was just wondering what would be the ramifications if a spokesman for the GOP held a news conference and announced,
"We apologise for our infringement on the intellectual property of the Wilson sisters, and we are prepared to pay royalties and any fine associated with our oversight. It was an honest mistake: We had no idea Heart was still around: We were under the mistaken impression that for Heart, the fat lady had sung long ago."
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:lol
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:lol
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They should simply be thankful for the fleeting brush with relevancy.
:rolleyes:,
Wab
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I just heard some dude on the Communist News Network saying the venue where the convention was held had a license to play the music.
Sharkmeat? maybe. Ha!
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....oops, see below
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I was just wondering what would be the ramifications if a spokesman for the GOP held a news conference and announced,
"We apologise for our infringement on the intellectual property of the Wilson sisters, and we are prepared to pay royalties and any fine associated with our oversight. It was an honest mistake: We had no idea Heart was still around: We were under the mistaken impression that for Heart, the fat lady had sung long ago."
Holden, you are one eloquent SOB! :rofl :rofl :rofl
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I was just wondering what would be the ramifications if a spokesman for the GOP held a news conference and announced,
"We apologise for our infringement on the intellectual property of the Wilson sisters, and we are prepared to pay royalties and any fine associated with our oversight. It was an honest mistake: We had no idea Heart was still around: We were under the mistaken impression that for Heart, the fat lady had sung long ago."
:lol