[Anne Bryant-Hamon]

Originally posted by Laura Heidy-Halberstein:
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BTW, those elephants' GOP stars have been turned up-side-down like a goat since W. Bush entered the White House. Just an observation that has been discussed for a few years on Air America. The original stars on the American flag were never turned up-side-down. I'm sure I sound nutty by pointing that out. But I do wonder why the GOP logo became that way and has remained that way. The star as a goat is symbolic.
http://www.freerepublic.com/focus/f-news/581073/posts
http://www.godlikeproductions.com/fo...sage513627/pg1

[Max Goodman]

Given the way Americans feel about the wars, the economy, and the Republican leadership, Republicans would LOVE to send as many voters as possible to the polls with Sarah Palin high in their thoughts.

Judging from the volume of reactions here--more than 200 posts in just the two most popular threads--the GOP is doing a great job of making Palin an "issue."

Those who would like to see Palin lose would be well-advised to ignore her and, when she's brought up, to avoid expressing any dislike or disdain, but instead politely change the topic to the real issues.

[Janice D. Soderling]

UPDATE: Ann and Nancy Wilson of Heart said Thursday night that Universal Music Publishing and Sony BMG have sent a cease and desist notice to ...

The damage cannot be undone. The proceedings are documented on film and the song is now part of it.
Accepting compensation would be tacit approval.

Isn't respect of property rights a right-wing issue.

[Jerry Glenn Hartwig]

Isn't respect of property rights a right-wing issue.

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.

Y'all are just determined not to like 'the enemy'. She appears to have been a good choice for McCain, by early reactions, which probably rankles you even more *grin*. The speech wasn't deep, but it performed its function.

Going over the transcript, I didn't see her attacking Obama as a community organizer, but defending herself against prior criticism about her lack of experience, comparing her own CEO experience more favorably to Obama's work.

I think her take-me-as-I-am approach grabbed the hearts of the Republican base as it was planned to do, allowing McCain a bit more freedom to woo the independents without alienating his base.

Yea - a good choice, indeed, if only by the reaction here *grin*.




[This message has been edited by Jerry Glenn Hartwig (edited September 05, 2008).]

[Laura Heidy-Halberstein]

So, Jerry, you're ok with the attempted book banning thing, huh?

[Mike Slippkauskas]

Jerry,

Sorry, this won't fly: Going over the transcript, I didn't see her attacking Obama as a community organizer, but defending herself against prior criticism about her lack of experience, comparing her own CEO experience more favorably to Obama's work.

"Actually have responsibilities!" is pretty clear English. Jerry, you're a master of tone and implication everywhere else. And in the actual delivery, she fairly dripped with scornfulness. And though perhaps she shouldn't be held responsible for the boorishness of the crowd (though she did whip them into a lather), her audience was already roaring at the word "community."

Best,
Slipp

[Roger Slater]

"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."

Wrong.

Think about it this way. What if you published a book of poetry and someone bought it. And then the McCain campaign started playing a recording of one of your poems over the loudspeaker at the convention and in promotional tapes sent out to media outlets around the world.

Leaving aside the issue of hell freezing over, I think you can see that the campaign cannot simply make your poem its own and use it on television and in its promotional materials to its heart content simply because they plunked down $12 to buy your book.

Poem or song, there's little difference here. You can't "publish" someone else's copyrighted work, and rebroadcasting is a form of publication.

I don't think it's a big issue, by the way. I'm much more concerned with the ridiculousness of claiming that being mayor of a town of 7000 people is sufficient preparation for leading the free world (particularly after the McCain campaign ridiculed the idea of a Keane vice presidency by saying that being mayor of Richmond, Virginia was not the sort of preparation that counts).

But while we will no doubt disagree on politics, when it comes to the copyright issue you are simply wrong.

[Laura Heidy-Halberstein]

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.

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).]

[Jerry Glenn Hartwig]

you're ok with the attempted book banning thing, huh?

Not familiar with it - kindly post the information.

Roger

I'm discussing the playing of the music at the convention - not in any publications - which is the only issue I'm aware of. The media reporting on an event is not a publication. If they used the music in something published to the public without permission then the creators have the right ot sue for compenstaion. If they used it to create a visual for a meeting, not publication, I don't believe (may be wrong) there's an infringement. If they hired a band to perform, the band has to acquire rights to the music they perform. That right may be (again Im not sure) inherent in the purchase of the music.

If I make a recording of my poetry, and it is purchased, the buyer has certain rights to play my recording for non-commercial use. If someone else records my poetry without my permission for publication or commercial purposes, they have violated the copyright.

It's deeper and more tangled than this. Ch out the 2 Live Crew and Jane Fonda cases: they're being presumtive about the use as much as they once were. I'm not familiar with any accusations they 'published' the music. Also, hey may have a case under fair use. That's up to the courts. If you have specific information, I'd be interested in knowing about it.



[This message has been edited by Jerry Glenn Hartwig (edited September 05, 2008).]

[Jerry Glenn Hartwig]

Lo

So you're advising if they played the song during the convention they violated a copyright? Or did they do more than that?