Text 7761, 62 rader
Skriven 2008-09-30 12:36:16 av Dan Ceppa (1:138/666.0)
     Kommentar till en text av Earl Croasmun
Ärende: Commom Ground
=====================
-> On 29 Sep 08  08:20:00, Earl Croasmun got back to Dan Ceppa 
-> Re: Commom Ground

 -> It is not legal use as the incidence of its use was in no way random
 -> nor with keeping with what really would be covered under Fair Use.

 EC> Then why did you bring up "fair use" at all???  The campaign says it
 EC> PAID for the license!  It never CLAIMED a fair use exception!

Has it occurred to you that more than one party has been pissed off 
at the NcCain campaigm for the misuse of their material?  And, not 
every one of those parties are complaining about the misuse of 
their songs?  

 -> Your problem is that the law suit is comtinuing.

 EC> Not a problem at all.  In fact, the news storied suggest that you have
 EC> completely missed the boat on the Jackson Browne suit, just as you did
 EC> with the Heart song.  He is suing based on the Lanham Act, which
 EC> relates to trademarks and not copyrighting at all!  In fact he seems to

The lawsuit includes copyright infringement.  

 EC> be suggesting that HE is so closely identified with the SONG in the
 EC> public's mind that the song is a trademark!  And therefore, he claims,
 EC> using his song creates the impression that HE is endorsing McCain! 

That only strengthens his case.  

 EC> The suit is an interesting commentary on his ego and his
 EC> self-importance, or maybe on his desire to remind people that he didn't
 EC> die thirty years ago, but it seems to have nothing to do with copyright
 EC> law. 

Gee, I suppose if he was dead the McCain campaign would be in 
the clear . . .   Too bad that isn't true either.  

 -> only gives them the right to play the song in the stadium.  It does
 -> not cede them the right to use that song as a branding for Palin.

 EC> They paid for the rights to play the song.  They played the song.  It
 EC> is a done deal.  No legal problems.  The group is not so stupid as to

Wrong again, Earl.  Do note that Heart has succeeded in getting 
McCain to stop playing their song.  If there wasn't a problem, 
why did they stop?  

 -> Are you now going to tell me that something like _Like a Rock_ was
 -> used for free by Chevy under the Fair Use clause or standard
 -> licensing purchase?

 EC> Once again you bring up "for free" and "fair use" in a way that
 EC> indicate that you have no idea what you are saying.  If they used the
 EC> song, they paid for it to whoever has the rights to the song.  If they
 EC> didn't pay, they would have been sued long ago.

You still do not know what constitutes the right to play a song.  That 
right is far different from using that song in an ad. 

 
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