Air Force pulls ad following legal threat from White Stripes

[Amerigo Vespucci]

Air Force pulls ad following legal threat from White Stripes

By Sahil Kapur
Tuesday, February 9th, 2010 -- 2:05 pm



http://rawstory.com/2010/02/white-stripes-threaten-strong-action-air-force-song-ad/

WASHINGTON -- Add the White Stripes to the long list of rockers that have extracted their music from politically-related campaigns they don't support.

The Detroit alternative rock duo consisting of Jack and Meg White has lashed out at the United States Air Force for using their song "Fell In Love With A Girl" in a recruitment ad that aired during the Super Bowl.

Posted on their main page whitestripes.com is a cutting letter explicating in no ambiguous terms the band's dissatisfaction with the Air Force's use of their works without permission. The duo said they "have not licensed" the song and "plan to take strong action" if the ad isn't pulled.

The band posted a clip of their song and a link to the Air Force ad on top of their Web site.

"The White Stripes take strong insult and objection to the Air Force Reserves presenting this advertisement with the implication that we licensed one of our songs to encourage recruitment during a war that we do not support," read the statement.

[Echo In Light]

1. Out-fuckin-standing

K&R

[REP]

2. I noticed the song being used on an Air Force TV ad and wondered about it

Didn't really think they'd be down with that.

[leftstreet]

3. K&R

[spanone]

4. you'd think the air force would know you have to get a license to use music...you'd think

[jberryhill]

7. They did....

It's licensed through BMI as BMI Work #8228225

http://repertoire.bmi.com/title.asp?blnWriter=True&blnPublisher=True&blnArtist=True&page=1&keyid=8228225&ShowNbr=0&ShowSeqNbr=0&querytype=WorkID

This class of story is so old and predictable by now.

The artists sign a contract with ASCAP or BMI to manage licenses. They collect their check every month.

Then, they find that a work has been licensed for some use they don't like, and they raise a ruckus over it.

If you want to use this song for a commercial, you contact BMI. The band does not itself manage the licenses for this work. BMI does. These guys wouldn't have the foggiest notion who has or has not been licensed by BMI for television commercial synchronization rights.

[spanone]

20. bmi and ascap do no issue licenses, the publisher of the music does.you do not contact bmi or ascap

trust me. i'm a music publisher.

[PacerLJ35]

29. The Air Force didn't make the commercial...an advertising company did

The USAF really has no idea how to make a commercial...that's why they contract an advertising company to do so. I'm not in advertising but I've heard from those who are in that business that there are many companies that get the licensing for songs to turn them into "jingles" for commercials, and then sell those songs to advertisers. Often the band who originally created the song doesn't really deal directly with where their music-inspired jingle winds up.

I really doubt the USAF decided "hey, this is a cool song...let's steal it and use it". Worse case is the ad company screwed up...but more than likely, White Stripes saw that their song was used in an ad they disagree with and got pissed.

[Bluzmann57]

5. Jack White kinda sucks

But it's good to see him taking a stand to protect his music, which he owns. Now why doesn't Chrissy Hinde do the same with her tune that limbaugh plays.

[jberryhill]

10. Because the artists don't control the licenses

White Stripes is licensed through BMI.

Hindes is licensed through ASCAP.

These artists confer licensing authority to these organizations (ASCAP is US, and BMI is UK), and stay happy collecting their monthly check.

If you want to license a work, you pays your fee to the performing arts licensing company, and that's that. The process is pretty much automated with fixed rates for various types of licenses.

It's kind of funny when an artist gets upset over a licensed use and claims "I didn't endorse that", because they signed away licensing authority ages ago.

[spanone]

21. wrong again

[naaman fletcher]

12. He owns it, and voluntarily signed certain rights to it to BMI

This is not about his standing up for his rights.

[spanone]

24. wrong.

[madrchsod]

13. the limpballs royalties/use of "middle of the road" goes to her favorite charity

[DJ13]

6. Its a shame the RIAA isnt involved

What would be the fine for illegally distributing their song 103 million times (the # that watched the Super Bowl) ?

I mean they charge average people $1,000's for a song on a file sharing network with 1/1000th as many illegal users, $103m ought to be worth the Air Force a billion or so.

[tammywammy]

9. Except the Air Force had the right to use the song

They went through BMI who controls the licensing not the White Stripes.

[vadawg]

11. doh, inst the first time an artist sells their music and then finds out its their soul

hardly the sharpest pencils in the nest are they.

[jberryhill]

8. Except White Stripes Doesn't Manage Their Own Licenses....

It's licensed through BMI as BMI Work #8228225

http://repertoire.bmi.com/title.asp?blnWriter=True&blnPublisher=True&blnArtist=True&page=1&keyid=8228225&ShowNbr=0&ShowSeqNbr=0&querytype=WorkID

This class of story is so old and predictable by now.

The artists sign a contract with ASCAP or BMI to manage licenses. They collect their check every month.

Then, they find that a work has been licensed for some use they don't like, and they raise a ruckus over it.

If you want to use this song for a commercial, you contact BMI. The band does not itself manage the licenses for this work. BMI does. These guys wouldn't have the foggiest notion who has or has not been licensed by BMI for television commercial synchronization rights.

[Rabrrrrrr]

14. It's crazy how stupid people are - believe what they want to believe without getting the facts.

No different than the freeps, really.

Indeed - they're music is licensed to whoever wants to license it. They gave up their right for outrage when they signed the contract saying BMI can license to whoever wants to pay the money.

Thanks for your consistency in trying to get people to see reality and truth!

[jberryhill]

15. Eh... it's a complicated society

Nobody knows everything.

[spanone]

22. the publisher issues a license and i'm sure mr. white owns his publishing

[file83]

16. Sell outs.

They already sold out - this is just about them trying to appear like they aren't sell outs. They sold their licenses to BMI. Case closed.

[spanone]

23. wrong. case not closed. bmi issues no licenses. nor does ascap. the publisher does

there is a lot of mis-information in this thread

[4lbs]

17. An entity doesn't have to get the permission from the artist, but from the record company that they

sold their music.

List of Sony BMG Entertainment artists:

http://en.wikipedia.org/wiki/List_of_Sony_BMG_Entertainment_artists

It is a huge list, that encompasses the majority of music artists.

Notice that Bob Dylan is on there. That's right, 1960s anti-war icon Bob Dylan.

Thus, if the US Military really wanted to they could license his "Blowin' in the Wind" song in a recruitment ad for the US Army and Afghanistan. There wouldn't be a damn thing anyone could do about it other than publicly complain about it.

[Poll_Blind]

18. Thanks to jberryhill, et al. for clarification. I didn't understand how all that was...

...done. It makes sense now.

PB

[thelordofhell]

26. Too bad they're wrong

The associations collect and distribute royalties for the artists, they do not own the songs.

[Poll_Blind]

28. Is there a wiki or FAQ or something you could direct me to? I am interested in...

..learning more about this sort of thing works but not quite sure where to begin.

PB

[pleah]

19. K AND R!

[spanone]

25. this thread is full of mis information.

bmi and ascap do not issue any licenses for music. bmi and ascap collect monies from airplay, mechanicals (sales) and public play.

there is no SELLING your songs to bmi or ascap. you affiliate with them to collect for you.

the publisher or a representative of the publisher issues the license for a song.

[lightningandsnow]

27. Good for them!

Frankly, I think their music kinda sucks, but it's good to see them taking a stand.

[PacerLJ35]

30. A few details, at least from what I've heard on my end

AF Reserves contracted an advertising company to make the ad. AFRC (AF Reserve Command) obviously reviews the ad to see if it fits with their recruiting plan, but they don't have a direct hand in making it, other than contracting for it.

Ad company creates the ad, and uses a song that's basically an ad jingle developed from the song. Apparently those that do the contracting/licensing (not sure who/what it's called) allowed the song to be made into an ad song. This is then passed along to the ad company, which then incorporates the song into their ad.

The AFRC approves the ad, and it runs on TV. White Stripes sees the ad, and doesn't like the fact the AF is using their song to recruit people, so they blame the AF (which didn't have any direct role in using the song, and assumed the song had been properly licensed to be used in the ad, which from what I've heard, is true).

Fearing this issue would create negative press (and avoiding any litigation), the AFRC voluntarily pulls the ad.

So no, the USAF doesn't have their own ad studio, and they didn't just "steal" the song.