Foo Fighters Fightin Mad Over McCain

**silversol** · 10-08-2008, 04:59 PM

Foo Fighters Fightin’ Mad Over McCain Musical Misappropriation

http://campaignsilo.firedoglake.com/2008/10/08/foo-figh... /

John McCain is at it again, misappropriating songs for use in his campaign, not requesting permission and keeping the music playing until he gets a cease and desist letter.

Can't you hear the RNC party-planners whining right now: "But all the cool songs are done by liberals, and they won't let us if we ask..."?

And now the GOP needs yet another hipness replacement because Foo Fighters are up in arms over the misuse of their song "My Hero."

The band issued the following statement:

This isn't the first time the McCain campaign has used a song without making any attempt to get approval or permission from the artist. It's frustrating and infuriating that someone who claims to speak for the American people would repeatedly show such little respect for creativity and intellectual property. The saddest thing about this is that 'My Hero' was written as a celebration of the common man and his extraordinary potential. To have it appropriated without our knowledge and used in a manner that perverts the original sentiment of the lyric just tarnishes the song. We hope that the McCain campaign will do the right thing and stop using our song--and start asking artists' permission in general!

**Vteckidd** · 10-08-2008, 05:08 PM

LOL thats the stupidest argument i have ever heard from these music people.

They SELL their intellectual property to the masses, it doesnt mean they can dictate how or where it is used.

YOu can use thier music any way you deem fit as long as it was purchased legally.

THEY HAVE NO SAY WHATSOEVER. Now if Mccain said "Foo FIghters endorse me an let me use their music" then they would have a case.

So next time you play a song at a high school pep rally, or in church, or in any public gathering make sure you get permission from the artist.

please !

**BobbyFresco** · 10-08-2008, 05:10 PM

This is some asinine ish.

**cr0m3kid** · 10-08-2008, 05:17 PM

i agree with mr. kidd such bs from foo fighters....

**alpine_aw11** · 10-08-2008, 05:33 PM

Jesus, they should start hanging out with Metallica.

**DrivenMind** · 10-08-2008, 05:42 PM

Originally Posted by Mr. KiDD

LOL thats the stupidest argument i have ever heard from these music people.

They SELL their intellectual property to the masses, it doesnt mean they can dictate how or where it is used.

YOu can use thier music any way you deem fit as long as it was purchased legally.

THEY HAVE NO SAY WHATSOEVER. Now if Mccain said "Foo FIghters endorse me an let me use their music" then they would have a case.

So next time you play a song at a high school pep rally, or in church, or in any public gathering make sure you get permission from the artist.

please !

The difference here is who gives a **** about high school pep rallies?

It's not like they're professionally endorsed, or stand to gain something by using the song.

Companies have to ask permission to use songs, why shouldn't politicians who are running for office. Using the song "My Hero" to endorse a former POW's campaign, and play off the silly patriotism, some rednecks might try to relate it too, is pathetic, not to mention I think illegal.

When you create a piece of artwork you control who has the rights to it.

Period.

You can buy a music video, or a movie from iTunes but it's still technically illegal to upload it to YouTube, if the artist wants it to be.

**metal man77** · 10-08-2008, 06:07 PM

lolss props on the Metallica comment.
i do love me some Metallica though

**Deke** · 10-08-2008, 06:15 PM

I don't see any problem with the Foo Fighters' view on this. They aren't dictating anything; they're simply asking him to stop using it. I guarantee you that if the Obama camp decided to start using a Kid Rock song at their rallies (LOL), they would get a very similar response from him.

Although, I must admit, The Daily Show took a pretty funny jab at Van Halen for getting on McCain's case about using the song "Right Now," pointing out that the song is reserved for such important uses as an old Crystal Pepsi commercial.

Either way, if you're an artist, and your music is used in a way you don't like, of course you're going to make a statement about it. You don't want to be personally associated with whatever the music is being used for.

**4dmin** · 10-08-2008, 06:43 PM

Originally Posted by Mr. KiDD

LOL thats the stupidest argument i have ever heard from these music people.

They SELL their intellectual property to the masses, it doesnt mean they can dictate how or where it is used.

YOu can use thier music any way you deem fit as long as it was purchased legally.

THEY HAVE NO SAY WHATSOEVER. Now if Mccain said "Foo FIghters endorse me an let me use their music" then they would have a case.

So next time you play a song at a high school pep rally, or in church, or in any public gathering make sure you get permission from the artist.

please !

i find this funny coming from you... a band is nothing more then a small business. if someone stole your work and used it how they saw fit you would be b!tching too. there are copyright laws on how music is used this is why even companies like Pandora are being shut down. just b/c you bought the cd doesn't mean you can play it to millions... its the law. it is for personal use unless you have permission to use.

**silversol** · 10-08-2008, 06:45 PM

Originally Posted by admin

i find this funny coming from you... a band is nothing more then a small business. if someone stole your work and used it how they saw fit you would be b!tching too. there are copyright laws on how music is used this is why even companies like Pandora are being shut down. just b/c you bought the cd doesn't mean you can play it to millions... its the law. it is for personal use unless you have permission to use.

i am glad some of you get it!

**blurred visions** · 10-09-2008, 12:38 AM

Besides some other points I agree with on here, this is also a case of the artists preference in this election (this might have already been said). Using a bands music could possibly link that band with supporting the candidate, and by doing so the campaign would be abusing the "power" that a band or artist might have over the public. Furthermore, this still has the possibility of turning away fans if they are voting opposite of the candidate using the music. It's low, shallow, but it's still a possibility and most artists wouldn't particularly want to take such risky chances.

**yungdz** · 10-09-2008, 12:44 AM

not to mention affect the bands fan base by being associated with certain parties.

I know it seems unlikely that someone will stop listening to them because of who they are associated with, but its a possibility that is considered legally.

**blurred visions** · 10-09-2008, 12:57 AM

Originally Posted by yungdz

not to mention affect the bands fan base by being associated with certain parties.

I know it seems unlikely that someone will stop listening to them because of who they are associated with, but its a possibility that is considered legally.

Yea thats what I tried saying, but it didn't come out right.

**Vteckidd** · 10-09-2008, 01:07 AM

Originally Posted by admin

i find this funny coming from you... a band is nothing more then a small business. if someone stole your work and used it how they saw fit you would be b!tching too. there are copyright laws on how music is used this is why even companies like Pandora are being shut down. just b/c you bought the cd doesn't mean you can play it to millions... its the law. it is for personal use unless you have permission to use.

the difference is THEY ARENT MAKING ANY MONEY ON IT!

are you guys really that far off?

**blurred visions** · 10-09-2008, 01:50 AM

Originally Posted by Mr. KiDD

the difference is THEY ARENT MAKING ANY MONEY ON IT!

are you guys really that far off?

No, your just not on with what we are trying to say. Read the few posts above, how we talked about abusing the artists in a way of associating them with the candidate. In some cases, people will link the artist with the candidate, and if your an artist that particularly does not support McCain or Obama, then you most likely would not want your music being used in their rallies.

**4dmin** · 10-09-2008, 07:53 AM

Originally Posted by Mr. KiDD

the difference is THEY ARENT MAKING ANY MONEY ON IT!

are you guys really that far off?

who mccain or the band? b/c the band makes money every time their music is used - i know this for a fact b/c i have some friends in the music biz

**DrivenMind** · 10-09-2008, 07:55 AM

Originally Posted by Mr. KiDD

the difference is THEY ARENT MAKING ANY MONEY ON IT!

are you guys really that far off?

Why do you think Metallica was so pissed off about Napster?
Because people were stealing their music, as opposed to buying it.

If the McCain campaign isn't going to pay for the rights to the song, to make his pathetic vaguely symbolic point, then he doesn't have their permission to use it.

**v-empire** · 10-09-2008, 08:22 AM

kid rock ,yo!

use their songs.

**Deke** · 10-09-2008, 09:46 AM

Originally Posted by Mr. KiDD

the difference is THEY ARENT MAKING ANY MONEY ON IT!

are you guys really that far off?

I think most of the people posting are a little off. If you actually read the article it clarifies how McCain had no legal obligation to inform the Foo Fighters because of the venues the song was being used in.

However, the Foo Fighters reacted the exact same way anyone in their situation would. Something they don't support uses their song. Of course they are going to make a statement to separate themselves from that something. They don't want people to wrongfully associate them with it.

They DID NOT order them to stop using their music. They simply asked. The statement was to save face, nothing more. If you can't see that, I'm sorry, but you're being dense.

For example, let's say it came to light that Osama Bin Laden had a "KiddRacing" tattoo on his ballsack, and had no legal obligation to inform you before he got it. Are you telling me you wouldn't say anything? You'd just let it slide and let people make the assumption that you're associated with Bin Laden (possibly even specifically his balls)? I think not.

**Vteckidd** · 10-09-2008, 10:36 AM

if its not a legal REGISTERED TRADEMARK then there would be NOTHING i could do about it.

**Deke** · 10-09-2008, 10:50 AM

Originally Posted by Mr. KiDD

if its not a legal REGISTERED TRADEMARK then there would be NOTHING i could do about it.

Did you not read any other part of my post?

That's the point, of course there is nothing legally you or the Foo Fighters could do about it. All you can do is make a statement saying that you're not associated with it. Which is exactly what the Foo Fighters did. It was to save face. You wouldn't want people thinking you suckle on Bin Laden's b-sack. Just like the Foo Fighters don't want people thinking they support McCain.

That's all. I'm done here. If you really can't understand what I'm saying by now, you never will.

**Ran** · 10-09-2008, 10:55 AM

Bob Dole had the same issue when he was campaigning with a Tom Petty song.

**4dmin** · 10-09-2008, 01:14 PM

Originally Posted by Deke

I think most of the people posting are a little off. If you actually read the article it clarifies how McCain had no legal obligation to inform the Foo Fighters because of the venues the song was being used in.

actually you are incorrect the assumption was that the venue has license to use per BMI or ASCAP so... say this was a small town hall meeting or outside public venue... i highly doubt they pay to use such - which would then hold them liable.

if its not a legal REGISTERED TRADEMARK then there would be NOTHING i could do about it.

mike you are wrong - there are usage laws for this. you can only use music for PERSONAL HOME usage for yourself not in public unless you hold a license to BMI or ASCAP

**Deke** · 10-09-2008, 01:34 PM

Originally Posted by admin

actually you are incorrect the assumption was that the venue has license to use per BMI or ASCAP so... say this was a small town hall meeting or outside public venue... i highly doubt they pay to use such - which would then hold them liable.

mike you are wrong - there are usage laws for this. you can only use music for PERSONAL HOME usage for yourself not in public unless you hold a license to BMI or ASCAP

Well damnit I misunderstood. Disregard that one sentence of the post.

Regardless, the main point of all of my posts remains unchanged. The Foo Fighters aren't pushing for any legal repercussions. The are simply making a statement to disassociate themselves. I see absolutely nothing wrong with this.

**bigdare23** · 10-09-2008, 02:09 PM

Deke made some valid points.

**BanginJimmy** · 10-09-2008, 03:53 PM

If the music was purchased legally and played in manner that could not be construed as commercial then Fluffy Fisters dont have a case. It isnt being used on say a webstore for McCain merchandise, and it no one has claimed that Fluffy Fisters endorsed McCain.

For those of you that think McCain needs their permission to play their song, did you get permission to play their song in your car? Yes, you got it when you purchased the CD. The same is true of the McCain campaign. They purchased the rights to use that song for any non-commercial use they want.

**Total_Blender** · 10-09-2008, 04:15 PM

Originally Posted by Ran

Bob Dole had the same issue when he was campaigning with a Tom Petty song.

And Ronnie Raygun had the same issues with "Born in the USA" by Bruce Springsteen and I think a John Cougar Melloncamp song too.

The Foo Fighters may not hold the rights to the song. A lot of artists don't hold the rights to their own material. Its within their rights for them to request that he not use the song, even if their record/publishing company sold it to McCain.

A good example is when Wacko Jacko bought the rights to all the Beatles songs and then licensed them out to Nike and other companies for commercials. There was nothing McCartney, Harrison, Ringo, the estate of John Lennon, or even Yoko could legally do about it other than issue statements that they disagree with the mis-appropriations of their songs.

**SPOOLIN** · 10-09-2008, 04:34 PM

that is really stupid as hell.

the only time it should be a big deal is if lyrics are changed, just like when bob dole got in bad trouble for changing "soul man" to "Dole man"

"I'm a DOLE MAN"

**Total_Blender** · 10-09-2008, 04:43 PM

Originally Posted by SPOOLIN

that is really stupid as hell.
"

But its an issue a lot of you would take very seriously if you were in their position where your music and the associations and reputation/image it creates is your livelihood.

**blurred visions** · 10-11-2008, 02:29 AM

Originally Posted by BanginJimmy

If the music was purchased legally and played in manner that could not be construed as commercial then Fluffy Fisters dont have a case. It isnt being used on say a webstore for McCain merchandise, and it no one has claimed that Fluffy Fisters endorsed McCain.

For those of you that think McCain needs their permission to play their song, did you get permission to play their song in your car? Yes, you got it when you purchased the CD. The same is true of the McCain campaign. They purchased the rights to use that song for any non-commercial use they want.

I'm pretty sure your right on the money, I'm a DJ and when I buy music I'm legally able to play it at clubs. The only problem is these rallies are normally not meant for tv, so when you play someone else's music and then it gets air on television, your dealing with a-whole-nother mess of legalities.

**DrivenMind** · 10-11-2008, 03:08 AM

Fluffy Fisters? Grow up GMC guy.

I hear GM stock is at an all time high...

**blaknoize** · 10-11-2008, 11:57 AM

Its illegal to use any copywritten song whether new or past without written permission from the writer(s). Look at any of YOUR CD's and see if there is a permission grant on a song with a snippett or a sample of that said song.

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