Sorry for Party Rocking: Copyrighted Music in Political ‘Parodies’
August, 22, 2012 4:30 pm | Comments On #campaign, copyright, music, Theme SongLast month, we discussed the legality of using copyrighted music as a campaign “theme song” or in a commercial endorsement of a candidate. This month, we consider another related, time-honored election season tradition: the use of copyrighted music in political satires, performed or recorded by radio personalities (such as on ‘The Rush Limbaugh Show’), sketch comedy troupes, and (sometimes) the candidates themselves.
Perhaps the most well-known political satire group is The Capitol Steps, a touring ensemble whose act consists almost exclusively of putting topical lyrics (usually lampooning an elected official or political candidate) to well-known pop songs. The group’s most...
Read MoreWhy Politicians' 'Theme Songs' Often Hit the Wrong Notes
July, 15, 2012 2:54 pm | Comments On #campaigns, Jackson Browne, John McCain, music, politics, President Barack ObamaElection season will soon be upon us. Inevitably a political candidate will enter a large convention center to the blaring tune of some song with a catchy phrase that he or she believes embodies the policies and/or the spirit of the campaign, but which, when listened to from start to finish, likely contains numerous references to drugs or sex, or lyrics which actually support the positions of the other candidate.
Nevertheless, the use of political campaign “theme songs” will no doubt continue, as it is a tradition that dates back to at least the campaign of Andrew Jackson (song: “The Hunters of Kentucky,” sung to the tune of “The Unfortunate Miss Bailey”).
Indeed, one such song, “Tip and Ty,” which used the slogan “Tippecanoe and Tyler Too,” has been said to have sung...
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Description
Frank Scibilia is an intellectual property and entertainment partner in Pryor Cashman's New York office. He has been involved in several seminal cases establishing the boundary of liability in the copying and distribution of copyrighted content via the internet. He also played a key role in the first case to successfully enforce the anti-circumvention provisions of the Digital Millennium Copyright Act (Universal City Studies vs. Reimerdes). He regularly advises clients on complex copyright issues and negotiates and drafts agreements licensing content, including licenses for exploiting sound recordings and musical compositions via various new media platforms and services.
