Katrina and Waves Join Tom Petty's Fight Against Michele Bachmann (Bachmann Defies Petty's C&D)

[Hissyspit]

Source: Rolling Stone

Politics: Katrina and the Waves Join Tom Petty's Fight Against Michele Bachmann
BY ANDY GREENE
JUNE 29, 2011 | 3:50PM

Katrina & The Waves – whose 1985 song "Walking On Sunshine" was played by Michele Bachmann at a South Carolina campaign rally on Tuesday – have issued a statement on their website:

- snip -

The group is the second musical act this week to object to the Minnesota Congresswoman's usage of their music. Tom Petty sent the Bachmann campaign a cease and desist letter after she used his song "American Girl" at her campaign kick-off in Iowa on Monday. At a rally the following day, she played 29 seconds of "American Girl" before "Walking On Sunshine" kicked in. Looks like she'll have to find a third song now. Any suggestions?

UPDATE: Rolling Stone has received a statement from Katrina Leskanich, former lead singer of Katrina & The Waves:

As the singer of 'Walking on Sunshine' I don't endorse its use by Michele Bachmann's presidential campaign. I've performed 'Walking on Sunshine' for so many years in so many different countries that it's become the one constant in my life and the one thing I can count on to bring happiness to myself and others. The song is used in commercials and movies as a vehicle for a feel good moment or empowerment but if I disagree with the policies, opinions or platforms for its use, I've no choice but to try and defend the song and prevent its misuse. Music can be both powerful and moving and sometimes even a little dangerous.

Read more: http://m.rollingstone.com/?redirurl=/politics/news/katrina-and-the-waves-join-tom-pettys-fight-against-michele-bachmann-20110629

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http://m.rollingstone.com/?redirurl=/music/news/michele-bachmann-defies-tom-pettys-cease-and-desist-20110629

Music: Michele Bachmann Defies Tom Petty's Cease and Desist
BY ANDY GREENE
JUNE 29, 2011 | 12:20PM

Tom Petty has asked Michele Bachmann to stop playing "American Girl" at her events – but according to Politico, she did it again yesterday at a campaign stop in South Carolina. The song began playing at the end of her speech, but abruptly ended after a mere 29 seconds, leaving only enough time for the lyrics "Yeah, she was an American Girl - raised on promises." "Walking on Sunshine" by Katrina and the Waves then started blasting out as Bachmann greeted supporters. It's unclear why such a short segment of "American Girl" played. Petty's camp says they will not comment on the matter, and a rep for the Bachmann campaign has not yet responded to our request for a comment.

The trouble started on Monday evening when Bachman played "American Girl" at the end of a speech in Iowa where she officially announced her presidential campaign. The Petty camp immediately sent the candidate a cease and desist letter, but the legal rights of politicians to play music at campaign events without the permission of the artists is unclear. Many legal experts feel that if the campaign buys a license from ASCAP they are allowed to play any song they want without seeking approval from the artist. Others argue that the use of a song at a campaign rally implies that the artist endorses the politician, and thus they must seek approval from the musician. The matter has yet to be tested before a judge, but most politicians stop the moment that an artist complains.

[Demonaut]

1. 1985?...god I'm old

[brentspeak]

2. Has Bachmann considered using Frank Zappa's "I Am the Slime" as her intro?

[bobhuntsman]

3. sounds about right to me. . .

I am gross and perverted
I'm obsessed 'n deranged
I have existed for years
But very little has changed
I'm the tool of the Government
And industry too
For I am destined to rule
And regulate you

I may be vile and pernicious
But you can't look away
I make you think I'm delicious
With the stuff that I say
I'm the best you can get
Have you guessed me yet?
I'm the slime oozin' out
From your TV set

You will obey me while I lead you
And eat the garbage that I feed you
Until the day that we don't need you
Don't go for help . . . no one will heed you
Your mind is totally controlled
It has been stuffed into my mold
And you will do as you are told
Until the rights to you are sold

That's right, folks . . .
Don't touch that dial

Well, I am the slime from your video
Oozin' along on your livin' room floor

I am the slime from your video
Can't stop the slime, people, lookit me go

I am the slime from your video
Oozin' along on your livin' room floor

I am the slime from your video
Can't stop the slime, people, lookit me go

[Crowman1979]

8. or better yet, "Dumb All Over"

[Canuckistanian]

36. Or "Jesus Thinks You're a Jerk" n/t

[SpiralHawk]

4. How's that Grabby, Stealy thing working out for you, Republicons?

Time to abandon your putrid Republicon Family Values, and try some good old fashioned honesty, integrity and honor for a change.

[onehandle]

5. I met Katrina in 1985 at a record store I worked part time in.

She was pretty cute. The 'Waves' were there too. Meh.

I maintained the 'CD' section of the store (About six feet of an aisle). I apparently was obvious for the assignment, because I was the only person anyone knew who owned a CD player.

I worked there pretty much for the discount.

[MaineDem]

6. How about "Welcome to My Nightmare?"

Just a thought.

[rpannier]

11. Alice Cooper is a Republican

And is periodically seen with Sheriff Arapaio

[MaineDem]

12. Ewwww n/t

[jmowreader]

21. Funny thing about Alice Cooper

Alice Cooper used to be a heroin addict. Then he traded the spike for a bag of golf clubs and a Republican Party membership card.

He was probably better off with the heroin.

[awoke_in_2003]

22. Yeah, I was really

disappointed when that came out. Alice is a sellout.

on edit: someone who will never be a republican:
http://www.youtube.com/watch?v=TZvXucCw2Jo

[vademocrat]

7. Maybe Dylan will let her use "Idiot Wind"

"...idiot wind, blowing every time you move your teeth
You’re an idiot, babe
It’s a wonder that you still know how to breathe..."

[Thegonagle]

23. Maybe Dylan will write a song about her. I doubt it would be positive though.

I'd think most people know by now, if Bob Dylan writes a song about you, that's usually not a good thing.

[florida08]

9. She could use "American Woman" by the Guess Who

http://blogs.citypages.com/gimmenoise/2011/06/michele_bachmann_campaign_songs.php

[LadyHawkAZ]

15. Only if she promises to "get away from me"

[Dawson Leery]

10. Another "conservative" disrespecting the rule of law.

[Angry Dragon]

13. I would tell her fine, you think you do not have to ask

permission to use someone's stuff and charge her $10,000,000 each time she has used it
They only understand money

[zeemike]

14. She could always use "Cat scratch fever"

I am sure Ted Nugent would not mind.
The problem with the Conservatives is they have so little talent in music and the arts... so they have to steal it somewhere.

[loyalsister]

16. She stood alone on a balcony

"God it's so painful when something is so close and still so far out of reach"
Tom should have said she could use that particular verse.

It's kind of like when Reagan wanted to use "Born In The USA" when he had no idea of the substance of the song.

[sarcasmo]

17. Saw Katrina and the Waves open for Don Henley in Toronto, late 80's.

I am old.

[TexasProgresive]

18. Zappa's What's The Ugliest Part Of Your Body? seems appropriate.

What's the ugliest
Part of your body?
What's the ugliest
Part of your body?
Some say your nose
Some say your toes
But I think it's
YOUR MIND

I think it's your mind, woo woo

ALL YOUR CHILDREN ARE POOR
UNFORTUNATE VICTIMS OF
SYSTEMS BEYOND THEIR
CONTROL

A PLAGUE UPON YOUR
IGNORANCE & THE GRAY
DESPAIR OF YOUR UGLY LIFE

Where did Annie go
Whe she went to town?
Who are all those creeps
That she brings around?

ALL YOUR CHILDREN ARE POOR
UNFORTUNATE VICTIMS OF LIES
YOU BELIEVE

A PLAGUE UPON YOUR
IGNORANCE THAT KEEPS
THE YOUNG FROM THE TRUTH
THEY DESERVE...

[Sedona]

19. How DARE she steal Stephanie Miller's theme song!

http://www.youtube.com/watch?v=Cuu3g5dnavQ

[nutshell2002]

20. Mama is NOT going to be happy about this!

[Frank Cannon]

24. She can always draw from the catalog of Ted Nugent

I'm sure he'd have no problem with her using "Wang Dang Sweet Poontang" at her rallies.

[Lance_Boyle]

25. I think Angry Johnny and the Killbillies' 'All American Girl' would work for her. n/t

[Blue_Tires]

26. lol at that!

kick

[melm00se]

27. she's old enough

to have her say to her grandchild: "that's grandma singing on the radio"

[leftynyc]

28. The twit is playing with the law

(someone may have already pointed this out). To avoid copyright infringment, the limits of fair use is 30 seconds. Her 29 second bullshit is just a way of flouting the law. She's vile.

[onenote]

29. There is no hard and fast "30 second" rule

That is an urban myth. While using less than a complete work is a factor that may be considered in determining whether "fair use" applies, it is not determinative. There are cases in which using only 30 seconds of a work doesn't qualify for fair use and cases where using more than 30 seconds does.

As a matter of law, Bachmann's use of a small portion of a song in a political context might well qualify for fair use -- there is a 1978 district court case that found fair use for a 15 second use of a song in a political (rather than commercial) context.

And while I agree that she's vile, I don't think that using copyrighted works in a manner consistent with the fair use standard is "flouting the law."

[leftynyc]

32. I strongly disagree

Especially when said artist has sent a case and desist order. If you don't think she's trying to flout the law, you don't know Bachmann well at all.

[onenote]

33. If fair use applies to her use then it is legal no matter what the artist thinks

Fair use is important and its application shouldn't turn on whether one likes or dislikes the one using it.

[Walk away]

34. I worked for BMI for 10 years.....

And I say...let's take it to the copyright tribunal and see what happens.

[onenote]

35. I've been representing the users of copyrighted works for 30 years....

And I say.. if the copyright owner wants to bring an infringement action in federal district court that is his/her prerogative (but its not an issue for the BMI "rate court".)

[JanMichael]

30. Why would a woman her age want to be associated with "girl?"

I would think many women would find that annoying.

[plumbob]

31. Certainly she should not be allowed to use "American" until we've

seen her birth certificate, have affidavits on file from her mother, everyone else in attendance at her delivery, along with proof that she was never switched during the course of her life with another, copies of her tax returns, driver's license, passport, and a whole host of other documents.


Doncha think? First principles!!