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Silversun Pickups Tell Romney to Stop Using Their Song: Should Politicians Get Permission Before Playing Songs at Events?

Fergie 2012/08/16 21:00:00
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Presidential candidate Mitt Romney is the latest offender to use music without permission at a campaign event. LA indie rockers Silversun Pickups sent Romney a cease-and-desist after hearing that their single "Panic Switch" was played at one of his events stating "While he is inadvertently playing a song that describes his whole campaign, we doubt that 'Panic Switch' really sends the message he intends."

It seems like this issue comes up every election, so should politicians start getting permission from musicians before playing their songs at events? Seems to me like it would avoid a lot of embarrassment...

ROLLINGSTONE.COM reports:
Silversun Pickups have told Mitt Romney to stop using their song Panic Switch at campaign events, sending a cease-and-desist order to the Republican presidential hopeful.
romney song panic switch campaign events sending cease-and-desist order republican
+14

Read More: http://www.rollingstone.com/music/news/silversun-p...

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Top Opinion

  • ..tisha... 2012/08/16 21:56:49
    No
    ..tisha...
    +8
    If it's playing at an event then it's fair game, the same if it were playing at a ballgame or a party. Permission is only required if the song is used in collaboration with a promotional video, ect.
    >> See Replies

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  • JohnT 2012/08/16 21:59:20
    Yes
    JohnT
    +1
    It is called copyright infringement and the idiots know that. Whoever is on their staff need a little cease order to get the message. Typical politicians what is yours is mine anyhow.
    reply
  • theprot... JohnT 2012/08/17 16:49:41
    theprothinker
    +1
    The campaign had purchased the proper permissions and licenses. But nobody tells you that.
    This twit band got PAID for the use of their song and then complained. The Romney campaign politely accepted their request not to use the song when they had every right to do so.
    reply
  • JohnT theprot... 2012/08/17 16:52:51
    JohnT
    +1
    My bad thanks for the information.
    reply
  • ..tisha... 2012/08/16 21:56:49
    No
    ..tisha...
    +8
    If it's playing at an event then it's fair game, the same if it were playing at a ballgame or a party. Permission is only required if the song is used in collaboration with a promotional video, ect.
    reply
  • J-DUB ..tisha... 2012/08/17 16:21:48
    J-DUB
    +2
    Actually if you read the license that is attached to music sales it says the license is only good for private use and not for public display. Radio stations have to get a special license(and I am not speaking of a FCC broadcast license here) to play their music on the airwaves.
    reply
  • theprot... J-DUB 2012/08/17 16:53:33
    theprothinker
    +1
    And it may interest you to know that the Romney campaign HAD INDEED purchased the proper licenses. Right . . . this twit little band got PAID for the use of their song. It was only as a courtesy that the Romney campaign agreed not to use it.
    reply
  • J-DUB theprot... 2012/08/17 17:03:36
    J-DUB
    +1
    The license can be revoked at any time. Also the license was not granted by the artist directly. The record company does that. The band was most likely not aware of it at the time.
    reply
  • theprot... J-DUB 2012/08/18 21:21:16
    theprothinker
    The license is granted usually by ASCAP, not the record company. And, of course, the band was not aware of it. They sign the agreements and somebody else works out the details (ASCAP to be specific).
    reply
  • theprot... ..tisha... 2012/08/17 16:52:22
    theprothinker
    You're wrong. It's not fair game if it's played at an event. The only exceptions are educational institutions and churches. All other venues require an ASCAP license which you have to pay for. The Romney campaign had paid for their licenses and ON THAT BASIS had the right to use it. Permission is required from ASCAP (which you pay for) for every performance of every copyrighted song. Radio stations pay, little bands that play in local bars pay, political campaigns pay, etc. etc.
    reply
  • Pat theprot... 2012/08/17 18:11:52
    Pat
    +1
    For the most part you're right, but ASCAP is not the only performance rights organization. The license must be acquired from whichever PRO the artist belongs to, be it ASCAP, BMI, SESAC, the list goes on. Also, while bands covering another artist's song technically should pay a fee for every time it's played, it is almost never done. The amount is nominal (just over $.09) and it is only giving the original band more exposure. Props to you for knowing music business though!
    reply
  • dairyshark ..tisha... 2012/08/17 17:59:46
    dairyshark
    +1
    Theprothinker has a valid point, however, when you link a piece of music to a product i.e. a politician, you must seek and gain the explicit permission of the artist. For example, it could hurt their sales if all of a sudden Romney fell out of favor and it was associated directly with him.
    reply
  • Osk The Great Guru 2012/08/16 21:53:30
    Yes
    Osk The Great Guru
    +4
    Just like anyone else has. I am sure Glee gets permission from all the Singers and Rockers in order to perform their songs on the TV show... so why not Romney too. Why should he be "different"?
    reply
  • John Wa... Osk The... 2012/08/17 16:01:09
    John Walker II
    Because he used music from someone that is willing to exercise their copyright protections. The flaw with those laws is that unless you take action to protect your copyright, you are considered giving your tacit agreement for them to use it. (yea, I don't agree with this either but in practice, that's how it is.)

    Romney just found someone whose willing to take hm to court. Oops.
    reply
  • theprot... John Wa... 2012/08/17 16:55:07
    theprothinker
    +1
    They didn't take him to court because they had no legal basis to do so. The Romney campaign had purchased the appropriate licenses, but nobody reports that! No action by the copyright owner does NOT imply tacit agreement.
    reply
  • John Wa... theprot... 2012/08/17 16:58:20 (edited)
    John Walker II
    +1
    But that's the wonder of it. If it goes too long without any kind of action then someone can sue that the song/idea is in public domain.

    Does anyone remember those Unisys lawsuits way back when, over the compression algorithm used in certain image formats? That kind of stuff.

    "Although DEFLATE was patented by Katz the patent was never enforced and thus PNG and other DEFLATE-based formats avoid infringing on patents"

    src: http://www.ieeeghn.org/wiki/i... (though that isn't the primary focus of the article, I'm looking for better.)
    reply
  • dairyshark theprot... 2012/08/17 18:11:38
    dairyshark
    +1
    Downloading a copy from iTunes does not grant the right for public use. Admit it, the Rpiney team have egg ohm their face again. I grow eve so tired of we thought we had permission or we had an a legal right to do it although we should have checked. In the grand scheme of things the band will fade, Romney will lose, the song will be forgotten, and another politician will do the same thing in the next election cycle because campaigns are run to win, not to give a crap about who then offend. Hell it's press, and in an election almost any coverage is desirable.
    reply
  • John Wa... dairyshark 2012/08/17 22:42:24
    John Walker II
    I did check on the band in question.. they are among the VERY rare indy bands that actually placed #1 on the billboards back a few years ago.

    I can see why they may fade.. but if they can pull a number like that, then they have a bit of staying power to them, so it's possible they might not fade at all.
    reply
  • theprot... dairyshark 2012/08/18 21:27:32
    theprothinker
    You're right. Downloading a copy from iTunes, Amazon, or whoever does not grant the right for public use. That's why you have to buy an ASCAP license, or BMI, or whichever. The Romney campaign paid for the appropriate licenses and had every right to use the song since they paid for the privilege. If you read a real news article instead of this Sodahead idiocy, you'd get the full message. The twit band issued no "cease and desist" as this article suggests. They asked the Romney campaign politely not to use their song and the campaign complied with their request EVEN THOUGH THEY HAD PAID THE APPROPRIATE LICENSES.
    reply
  • theprot... Osk The... 2012/08/17 16:56:35
    theprothinker
    +1
    Romney isn't different. And it may surprise you to know that proper licenses had been purchased by the Romney campaign. There was no "cease and desist" order because there's no legal basis for one. The campaign agreed not to use the song as a courtesy. This little backwater band got paid good money for the use of their song through ASCAP.
    reply
  • john brenni 2012/08/16 21:46:14
    No
    john brenni
    +3
    any candidate should be able to use any recorded songs. if they use it in a television commercial then it's different. silversun oick ups are shooting their careers in the foot. if president obama used a Kid rock song[he is a romney supporter] i wouldnt mind or do ithink kid rock will cause it is free publicity.
    reply
  • 16 john br... 2012/08/16 22:36:37
    16
    +1
    What are you saying by Silversun Pickups are shooting their careers in the foot? I mean, most of the people that listen to them are liberal and personally for me, I would my music being played for a presidential nominee who I do not support.
    reply
  • john br... 16 2012/08/16 22:59:45 (edited)
    john brenni
    thing is this.... not all people who may be at a romney event are country or gospel music lovers. i am conservative but listen to mostly liberal artists like jon bon jovi, paul mccartney,green day, john lennon romney wants to sing the songs of this band who are about as popular as the monkees these days he can. a free country. you may not like it but thats the way it is. childish...i dont like that candidate so they shouldnt use silversun pickups.
    reply
  • 16 john br... 2012/08/17 04:47:21
    16
    +1
    Not at all. When you play somebodies music at an event like that, it gives the feel that that artist supports said candidate. The Silversun Pickups said themselves their song Panic Switch is about Romney's campaign (not intentionally), so why would he play it?
    reply
  • john br... 16 2012/08/17 13:02:20
    john brenni
    perhaps as a point. as to say hey, i am playing it anyway. he ran businesses, took the winter olympics in utah from losing money to breaking even and was one of 3 men who created staples office supplies[so anyone against staples....dont shop at staples] so he obviously is aware they dont support him. if i were seekng office as a conservative i would play a paul mccartney or greenday song. if they didnt like it cest la vie.
    reply
  • lady_c5_loadmaster 2012/08/16 21:43:10
    No
    lady_c5_loadmaster
    +1
    From what I understand politicians pay a company royalties and have a choice of songs they can choose to play. If the musicians have given their music rights to a company for royalties then they loose the right to tell someone they can not use it.
    reply
  • Fef 2012/08/16 21:21:58
    Yes
    Fef
    +5
    the same licensing and permissions as any public event.
    reply
  • GANGA~Patriotic Revolution ... 2012/08/16 20:23:11
    No
    GANGA~Patriotic Revolution BL-100+
    +2
    But, there are certainly much better bands out there!
    reply
  • die Küss der Tod 2012/08/16 20:20:08
    Yes
    die Küss der Tod
    +5
    Of course they should--the musicians wrote the music; it is up to them to decide when and where their music should be played publicly. Any other usage of music is from permission given by the artist, last time I checked politicians were not above copyright laws. Also, the Silversun Pickups are WAY more awesome than Mitt Romney could ever be.
    reply
  • MandaLynne 2012/08/16 20:06:01
    No
    MandaLynne
    +5
    You don't have to get permission of the musicians/artists - only the copyright holder of the song.

    Somehow bands seem to forget that while those wishing to play their music have to get the permission of the copyright holder (usually the band), the copyright holders have also designated performing rights organizations like BMI and ASACP as designated agents to license their material. The Romney campaign has licensing agreements with BMI and ASCAP, therefore they do not need to get the permission of the artist. If you don't want a certain group of people using your song, don't make it available for licensing.

    "Romney spokeswoman Andrea Saul said in an email that the song was inadvertently played during the setup for one event before Romney arrived. The band learned about it in a tweet from Romney's North Carolina stopover.

    "As anyone who attends Gov. Romney's events knows, this is not a song we would have played intentionally," she wrote. "That said, it was covered under the campaign's regular blanket license, but we will not play it again."

    Saul says the campaign has licensing agreements with BMI and ASCAP."

    That is what happened with Palin using Heart's "Barracuda". McCain paid the licensing fee and they were legally using the song. Heart tried to get lawyers after th...

    You don't have to get permission of the musicians/artists - only the copyright holder of the song.

    Somehow bands seem to forget that while those wishing to play their music have to get the permission of the copyright holder (usually the band), the copyright holders have also designated performing rights organizations like BMI and ASACP as designated agents to license their material. The Romney campaign has licensing agreements with BMI and ASCAP, therefore they do not need to get the permission of the artist. If you don't want a certain group of people using your song, don't make it available for licensing.

    "Romney spokeswoman Andrea Saul said in an email that the song was inadvertently played during the setup for one event before Romney arrived. The band learned about it in a tweet from Romney's North Carolina stopover.

    "As anyone who attends Gov. Romney's events knows, this is not a song we would have played intentionally," she wrote. "That said, it was covered under the campaign's regular blanket license, but we will not play it again."

    Saul says the campaign has licensing agreements with BMI and ASCAP."

    That is what happened with Palin using Heart's "Barracuda". McCain paid the licensing fee and they were legally using the song. Heart tried to get lawyers after them but legally could do nothing about it.

    Even Obama had some flack in the last campaign. Soul singer Sam Moore asked President Barack Obama to stop the use of "Soul Man" in his 2008 campaign.
    (more)
    reply
  • John Wa... MandaLynne 2012/08/17 16:03:40
    John Walker II
    And people wonder why artists leave their labels to form their own...
    reply
  • MandaLynne John Wa... 2012/08/17 23:51:18
    MandaLynne
    Forming your own label still does not ensure copyright ownership.
    reply
  • John Wa... MandaLynne 2012/08/19 03:45:10
    John Walker II
    No, but it grants you a hell of a lot more control over it.

    Artists sign with a label and sometimes the contract they sign says "permissions to distribute" to mean "it's MINE". And this is where newbies to the music industry get screwed, especially those who are naive about contract and copyright law.
    reply
  • Heisenberg 2012/08/16 19:53:11
    No
    Heisenberg
    +2
    I will bootleg every artist that decides to go political.
    reply
  • The Sane One 2012/08/16 19:19:12
    Yes
    The Sane One
    +4
    Either that or pay a royalty to the artist for every time the song is played.
    reply
  • Outta' Here. 2012/08/16 19:02:17
    Yes
    Outta' Here.
    +5
    As a courtesy, if nothing else.
    reply
  • RENEGAD... Outta' ... 2012/08/16 21:54:14
    RENEGADE 34
    +2
    I like that.
    reply
  • Outta' ... RENEGAD... 2012/08/16 21:56:22
    Outta' Here.
    +1
    thanks
    reply
  • RENEGAD... Outta' ... 2012/08/16 22:08:31
    RENEGADE 34
    +2
    Your welcome.
    reply
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