Is Use of Famous Songs By Policital Parties At Convention Copyright Infringement

by Traverse Legal, reviewed by Enrico Schaefer - September 5, 2008 - e. Copyright Fair Use Defense

Heart to McCain/Palin: Back off on 'Barracuda' – Sound Effects – Boston.com

The use of copyrighted music by politicians is extremely common, but does it amount to copyright infringement? The rock group Heart thinks so and is using its registered copyrights to demand that John McCain and Sarah Palin quit playing their song "Baracuda".

The rock group Heart has sent a message to John McCain and Sarah "Barracuda'' Palin: quit playing our 1977 hit ''Barracuda.''

Soon after the presidential nominee finished his acceptance speech late Thursday and running-mate Palin joined him on the Republican National Convention stage in St. Paul, the sound system pumped the throbbing introductory guitar licks to "Barracuda.''

It seemed the cleverest musical choice of both conventions. Heart's Ann and Nancy Wilson, like Alaska Governor Palin, are outspoken products of the Pacific Northwest, and the sisters's tune also could refer to Palin's Dazed-and-Confused-Era nickname of Sarah Barracuda, given for her intense high-school basketball play.

But the Wilsons condemned the usage then and earlier in the convention, adding that Universal Music Publishing and Sony BMG have sent a cease-and-desist notice to the McCain-Palin campaign, according to CNN.

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.