You say I am “sure enough” that you are misplaced. Read again what I said. I said “If that is indeed the case, then Paterno is right and your reliance on Campbell… is entirely misplaced.” I’m not sure of anything because, as I noted, I’ve not heard the song. You understand what the qualifier “if that is indeed the case” meant, right?

We are going to have to agree to disagree. 2 Live Crew took the opening bass and repeated. The law in this area clearly allows the taking of enough to conjure up the image of that which is being parodied. I really don’t understand your objection to what I said because it is clear as a result of Campbell that you can “take music and change the lyrics…” That is exactly what 2 Live Crew did, and many other parodies.

The fact that we cannot do an analysis because the song is not available doesn’t suggest that this obnoxious cease and desist letter is accurate. You seem to be using a clearly obnoxious, over bearing and grandiose letter that has a lot of statements that are over broad and not true as evidence that what Walsh (the Republican) did was inappropriate. You simply cannot do that. Cease and desist letters are a dime a dozen and are almost always written over broad with outright incorrect statements of law in them. So giving any credence to a cease and desist letter is what is misplaced.

So while you have not heard the song you are sure enough that I am misplaced and Paterno’s obnoxious letter is correct. Seems to me like you have an agenda.

-Gene

Here, while you and I have not heard the song as used by JW (the Republican), attorney Paterno apparently has and it certainly the implication in his letter that JW (the Republican) used the entirety of the music to Walk Away in his song. If that is indeed the case, then Paterno is right and your reliance on Cambell to show Paterno is wrong is entirely misplaced.

This post was mentioned on Twitter by ipwatchdog: Copyright Politics: Joe Walsh (Rockstar) v. Joe Walsh (Republican). Rockstar lawyer says 1st Amendment for scoundrels. http://bit.ly/ackv7L...

There is a fine line we walk with copyrights, where protection for the owner is contrasted with fair use. Some cases clearly favor parody (no time for citations now), some clearly prevent other uses even if funny (no time for citations now), and some cases clearly fall in the gray area between protection and fair use (no time for citations). This I would say is not clear cut because it implies the ROCKER supports the Republican, who is not just making a parody, but using the song to promote his political activities. His use of a Joe Walsh song was also not random, but instead plays on the fame of the ROCKER.

Here’s an ABA summary of the issue (circa 2005)

I would agree with you regarding using music as a backdrop, but that wasn’t what happened here. Joe Walsh (the Republican) took a Joe Walsh (Rockstar) song and changed it around and put new lyrics to the song. Whether that is legal or not, the letter from Rockstar’s attorney gets the law wrong and makes bold statements that are without legal support.

I also agree that DC should make some good, sustainable decisions. That would be change to believe in!

-Gene

You’d think that if a politician for a public office were going to use a song as backdrop for a campaign they would simply ask permission to use the song prior to use. This ‘mistake’ should not be occuring in today’s copyright saavy society. It is simply a ploy by politicians to either at least use the artists work for free or at worst create a ‘buzz’ around their campaign.

What ever happened to the middle ground? We’ve had 12 yrs of this my-side/your-side antics and nothing has gotten done. Politicians get a life-long paycheck and insurance for just 1 term in office. They have no incentive to improve the system and continue to dicker about playground games while we pay their salaries to get absolutely NOTHING done. It’s easy to analyze problems/solutions and make informed decisions about costs, benefit, and outcome. Tell Washington to quit complaining, get up and make some good sustainable decisions.

“Now, I know why you used Joe’s music — it’s undoubtedly because it’s a lot better than any music you or your staff could have written. ”

There isn’t any reason to throw insults around in a cease and desist order! What an asshole.

On a side note, I actually really like Joe Walsh (Rockstar). Not only do I love the Eagles, but he is also from Wichita, KS, which is right near where I grew up.