Oct 9th, 2008 at 10:42 am
McCain Versus Foo Fighters
Matt Corley notes that the Foo Fighters are complaining about John McCain’s use of their song “My Hero” at his campaign events:
“The saddest thing about this is that ‘My Hero’ was written as a celebration of the common man and his extraordinary potential,” the band said in a statement. “To have it appropriated without our knowledge and used in a manner that perverts the original sentiment of the lyric just tarnishes the song.”
In all honesty, I don’t really think artists should have veto power over who plays their songs at rallies. But McCain’s no copyright reformer, so he’s not all that well-positioned to make a point about the desirability of letting people appropriate these works as they see fit.
26 Responses to “McCain Versus Foo Fighters”
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October 9th, 2008 at 11:00 am
McCain should replace My Hero with North American Scum.
October 9th, 2008 at 11:04 am
You don’t think artists should be able to decide who can play there songs at a political rally? Why is that?
I wouldn’t want something I created being associated with something/someone I don’t believe in. Also, these songs aren’t released into the public domain.
October 9th, 2008 at 11:25 am
“I don’t really think artists should have veto power over who plays their songs at rallies. ”
I do.
October 9th, 2008 at 11:28 am
after doing an incredibly moving acoustic rendition of “my hero” on the stern show years back, grohl told howard it was about kurt cobain. the song is definitely not a celebration of anyone
October 9th, 2008 at 11:29 am
I wouldn’t want something I created being associated with something/someone I don’t believe in.
But that’s the beauty of these situations. Clueless politician borrows song without permission. Artist mocks politician for misunderstanding the song. News media carry the story and it makes the politician look bad. Mission Accomplished, so to speak.
Also, these songs aren’t released into the public domain.
But the copyright for a sound recording is usually held by the label, not the artist.
October 9th, 2008 at 11:31 am
Says the guy with:
At the bottom of his blog.
October 9th, 2008 at 11:34 am
My co-blogger has put together a resource that might help Sen. McCain avoid such problems in the future.
October 9th, 2008 at 11:56 am
Just steal it back
Like the appropriation by the campaign of Barracuda from Heart, the best response that this band could make to the theft, if it really wants to hurt McCain’s campaign, would be to produce a new music video of the song. It should be a lot easier for them to steal their own song back, giving it a specifically anti-McCain message, and give it a lot more power than the weak use that the Campaign got from the original theft. This wold also serve to publicize the theft, if that, as well as objection to McCain’s politics, is what has them angry.
It would take a little effort to actually re-record the song with different lyrics, if they wanted to over-achieve, but no effort at all for them to authorize people to produce a new video to their existing version. They wouldn’t have to spend a dime to distribute their counter-theft, as it could be distributed on the internet.
October 9th, 2008 at 12:16 pm
This has nothing to do with copyright and I wish people would stop suggesting that. If you hear the Foo Fighter’s song at a McCain hate rally you might assume that the band supports McCain. I’m sure the Foo Fighters are hearing from many fans who are alarmed to think that they are endorsing his run for office.
How can the band get the word out that they don’t support McCain? They release a statement saying that they do not approve his use of the song. They risk the ire of Clear Channel and their Republican fans to take a stand on how their music is used.
There really is no copyright question. I assume that McCain is paying the appropriate blanket royalties for the songs they are using at their rallies. His spokespeople have asserted they are in the past. However, this is a question of propriety. Should McCain play the song of somebody who dislikes what he stands for so much that they are willing to issue a public statement saying so?
October 9th, 2008 at 12:58 pm
What fletc3her said.
The band doesn’t have veto power. All they have is the power to shame the dumb politician to stop using their song.
October 9th, 2008 at 2:09 pm
I agree with Fletc3her as well; if they pay the correct blanket royalties, they’re clear. I have to say I sympathize a little with the fact that the Righties have so little talent on their side of the aisle.
What else are they going to play? Wango Tango?
October 9th, 2008 at 2:19 pm
I’m actually with Matt in thinking that copyright protection extends too far. But so what? Even in a situation that a performer couldn’t prohibit use of their material, they can still have every right to speak out against the use of it.
October 9th, 2008 at 4:46 pm
How do you think Bon Jovi would feel about McCain busting out Blaze of Glory? Or maybe Living on a Prayer?
October 9th, 2008 at 5:12 pm
I agree with Fletc3her as well; if they pay the correct blanket royalties, they’re clear.
I’m not so sure of that, although I’m no expert on intellectual property law. The McCain campaign bought performance rights. That wouldn’t give them the right to use the song, for example, in a TV ad. Using the song in a way that suggests, falsely, that the artist endorses a candidate may well exceed the scope of the license.
October 9th, 2008 at 10:46 pm
Let’s be real, none of you would be complaining if this song was played at an Obama rally, even if Dave Grohl was a McCain supporter.
October 10th, 2008 at 10:53 am
McCain is totally in the clear on copyright. Grohl does not seem to remember giving away his performance rights to ASCAP, despite the nice check he gets every six months or so.
I wrote an op-ed with Chris Sprigman that the Washington Post might run next week. It covers this very issue and makes it clear that artists should be complaining, but not suing.
The law is on McCain’s side here.
December 1st, 2008 at 3:49 am
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