Quote:
Originally posted by Jerry Glenn Hartwig:
Did the DNC get permission to use the music they played?
Someone bought the music and played it an event - perfectly legal (at least there have been no accusations of theft that I'm aware of). The fact the event was reported on and aired does not violate any copyight issues.
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What does the DNC have to do with it?
(And, as far as I know, they've followed the rules when it comes to appropriating other people's property. I could be wrong, tho. I've just not heard any differently.)
As for The RNC in question, they did not get permission, no. They didn't even
ask for permission according to the cease and desist order from Heart.
And Roger's right - it is NOT perfectly legal to use a copyrighted song - not the music or the lyrics, without first obtaining permission and paying an agreed upon royality.
What happens if I accidentally use a piece of copyright protected music?
You would probably receive a "cease and desist" letter from the copyright holder advising that you have infringed on his copyright. You would them present your PD research findings and attempt to reach an amicable agreement with the copyright holder. If you had done your research properly and had good reason to believe you had a legal right to use the music, hopefully the copyright holder would accept the most reasonable royalties possible for the use you made of his song. However, making an honest error in no way protects you from paying royalties due to a copyright holder. After you have already used the song, you are pretty much dependent on the copyright holder's mercy when royalties are assessed. If there is any doubt about rights to a song, you should always obtain clearance through an attorney or rights clearance organization prior to any usage.
http://www.pdinfo.com/faq.htm
Considering the McCain campaign has already been in hot water with both Jackson Browne and John Mellencamp over the same issue you'd think they'd figure it out already.
[This message has been edited by Laura Heidy-Halberstein (edited September 05, 2008).]