Posted on Sep 9, 2015
Sgt Kelli Mays
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http://nbc.com.co/survivor-files-1-2-million-lawsuit-against-kim-davis-mike-huckabee/
People play songs all of the time...at events..social events, picnics...parties...

Why is it ok for the Survivor band to sue Kim and Mike for having their song being played in the back ground? I don't get it.
Edited >1 y ago
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Responses: 7
Capt Seid Waddell
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It is a copyright thing. Rand Paul had a very well-produced introduction video played at his announcement but he was not able to use it for his commercials or even the TV coverage of the event because they hadn't gotten approval from the artist beforehand. One would think that campaign advisors would have figured that out by now.
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PO1 William "Chip" Nagel
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Trump is getting sued by REM now for his use of their Songs. Amazing that these Right Wingers are completely oblivious that the Music that they love is actually against them and their beliefs as are the artist that produced the songs.
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PO1 William "Chip" Nagel
PO1 William "Chip" Nagel
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Yes they can sue them for Copyright Infringement. Unfortunately it will take several years and it will be settled out of court for an unspecified amount and the lawyers will get 2/3s and Politicians will not pay but their Election Campaigns will. Your donations to your candidate will pay for their Ignorance of the Law and Lack of Social Awareness.
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Sgt Kelli Mays
Sgt Kelli Mays
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what? why? This is crazy...why is this country so sue happy? There should be laws on being able to sue and a cap on the rewards.
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PO1 William "Chip" Nagel
PO1 William "Chip" Nagel
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Bingo SSG Cf Grant.
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PO3 Steven Sherrill
PO3 Steven Sherrill
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Sgt Kelli Mays - There are laws on being able to sue. They allow anyone to sue anyone else for anything. It is then up to the courts to decide the merit of the suit. In cases such as this, the suit is legitimate. The artists/labels own the music. If a politician wants to use the music, then they need to pay the royalties. We pay the royalties when we buy the music in whatever format we choose to purchase it in. Radio stations pay for the use of the music. TV and movies pay for the use of the music, or have music composed specifically for their programming. Politicians are no different (despite what they may think) when it comes to the use of music. Artists earn their living from the revenue generated by their music. They own the rights, and should be paid for its public use.

Additionally, once a song is used for a political issue, the song becomes associated with that. Political issues generate an emotional response in people. Once the song is associated with the event, for better or worse, that is a permanent link. If the artist does not want their song used for political events, or events that they are opposed, then they have the right to not have it used.

On a side note, this is not limited to politics. Several months ago Facebook had issues because they were allowing advertisers to use images from a user's profile for targeted advertising. I received some of those adds, and I was a little pissed off that my friends' profile pictures were being used in an effort to get me to click on a link.
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SGT Jerrold Pesz
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Anyone can sure anyone for anything. That does not mean that they will win. Possibly the band is just looking for some publicity?
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PO3 Steven Sherrill
PO3 Steven Sherrill
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SGT Jerrold Pesz PVT James Strait I think personally that this is more a matter of they don't want their music associated with Ms. Davis' ideology. The suit would not likely be thrown out as it would deal with the unauthorized public use of copyrighted material.
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Kim Davis and Governor Mike Huckabee is being sued by the band "Survivor" for using their song. Can they do this?
SSgt Alex Robinson
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You'd think Survivor would be happy anyone listens to their only hit
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PO3 Steven Sherrill
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PVT Robert Gresham
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Edited >1 y ago
Sgt Kelli Mays Absolutely. At a normal event, one that is not televised nationally, and is intended primarily only for the group that you have on hand, then you may use music for your personal entertainment. However, using a copyrighted song to back up your nationwide televised protest movement, without prior permission of the artist, is a violation of copyright law.
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SSG Intelligence Analyst
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It comes down to things like copyrights, use of song for personal gain (profit or to present an image) and the appearance that the group is endorsing the message of the people playing it.

Kim Davis & Mike Huckabee were using "Eye of the Tiger" as a sort of personal theme song. The group didn't want their song used in support of Kim Davis and her ideological message, because the band may have an opposite viewpoint, or, they just don't want to get wrapped up in some political drama that is sure to stir controversy.
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Sgt Kelli Mays
Sgt Kelli Mays
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ok..I see...however I don't see how they can sue. This world or the US is just to SUE happy.
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SSG Intelligence Analyst
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Sgt Kelli Mays - It's probably more like they are getting a "cease and desist" order, which can escalate to a lawsuit if Kim & Mike continue to use the song for their agendas. Admittedly, the group will have to prove that they suffered harm, but copyright law tends to favor copyright holder.

Imagine if your image was being used to sell a product you were opposed to, basically. If you consider yourself a strong believing Christian but found that the Church of Scientology was using your image on a pamphlet to hand out to people saying "convert to Scientology like these folks did!" You'd probably want to put a stop to it.
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PO3 Steven Sherrill
PO3 Steven Sherrill
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SSG (Join to see) - I agree, unless they feel that through the use of the song, they have been viewed as you said endorsing the message. In which case they may just go right to the law suit. Thing is there is an old saying about not getting blood from a turnip. If they sue for damages, what can they really get from it? I think that if they sue, and don't want to be seen as bullying, the only thing they can ask for is the cease and desist, and a written apology. That way they show compassion as well as getting the use of their music stopped.
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PO3 Steven Sherrill
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Sgt Kelli Mays if the band owns the music, then they have the right to control its PUBLIC use. So because this was a rally, they have the right not to have their music used. If it was you or I driving down the road blasting the music in our car radio, that they cannot complain about. It is all about intellectual property.
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