Paul Sweeting is the editor of ContentAgenda.com and a columnist for Video Business. He has covered the home entertainment industries since 1985 for Billboard, Variety, Publishers Weekly and other leading business publications. He is based in Washington, DC.
As soon as I heard the opening guitar riff to Heart's "Barracuda" rumble over the Republican National Convention last night, in musical tribute to VP candidate Gov. Sarah "Barracuda" Palin, I thought, here we go again. Sure enough, this morning came word that the campaign once again failed to seek permission to use someone's intellectual property, and the copyright owners were not amused. "I feel completely f**ed over," Heart's Nancy Wilson told EW.com. "I think it's completely unfair to be so completely misrepresented." She and sister Ann then went all barracuda themselves, issuing a statement demanding the campaign stop using the song and distancing themselves from Palin:
Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image. The song 'Barracuda' was written in the late 70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women. (The 'barracuda' represented the business.) While Heart did not and would not authorize the use of their song at the RNC, there's irony in Republican strategists' choice to make use of it there.
As I've noted in previous posts (here and here), the McCain campaign has repeatedly found itself on the business end of cease-and-desist notices over unlicensed use of music and video clips at campaign events or in ads. It's a bizarre pattern, considering that as a member and one-time chairman of the Senate subcommittee on science, technology and innovation, McCain dealt with numerous intellectual property issues. So, it's not like he's never heard of the concept.
The unlicensed use of music seems to be something of a bipartisan phenomenon, however. On the closing night of their own convention, Democrats were treated to Brooks & Dunn's "Only in America," an eye-brow raising choice given that the country duo performed the song themselves at George W. Bush's inauguration in 2000.
Turns out the song was co-written by Kix Brooks and Nashville songwriter (and Democrat) Don Cook. According to EW's Chris Willman, Cook cringed at hearing it used at the Bush inaugural, so it seemed only fair that Brooks, a Republican, should have to hear it used by the Barack Obama campaign.
Dunn issued a statement calling it, "very flattering to know our song crossed parties and potentially inspires all Americans."
Personally, I think Obama should stick to the Earth, Wind and Fire tracks he was using earlier in the campaign.