|Kim Davis Rally|
The news of Davis’ pending release inspired Huckabee supporters to arrange an impromptu rally that began moments after her release. However, record label EMI has taken issue with what happens next.
“They are well within their rights to hold a public rally in support of Kim Davis, or anyone else for that matter,” explains intellectual property attorney Paul W. Steiner. “Where they broke the law was when they played that song by Survivor without the permission of the rights holder.”
What Steiner is referring to is Kim Davis emerging from the jail to the triumphant sounds of Survivor’s 1982 rock classic ‘Eye of the Tiger’. Many will remember ‘Eye of the Tiger’ as the theme song from Sylvester Stallone’s boxing epic ‘Rocky III’, according to the National Report.
“As far as I have heard, no one secured the rights to that public performance of ‘Eye of the Tiger’ and as a result they violated EMI’s intellectual property rights today,” adds Steiner. “It is illegal for someone to ignore IP law and would make the offending parties guilty of infringement under Copyright Law (17 U.S.C. § 501(a)).”
“Many times, a record company will look the other way in a situation like this, as it serves as free publicity for their intellectual property,” says Steiner. “Though, in this case, I believe that EMI does not want their song associated with someone like Kim Davis...and will most likely seek full damages for this incident.”
A violation of Copyright Law (17 U.S.C. § 501(a)) can land the offending parties a fine of $150,000 per unlicensed song performed.
And Mediaite is reporting When Donald Trump took the stage Wednesday to deliver a short stump speech at today’s anti-Iran deal rally in Washington, D.C., he did so to blaring sound of R.E.M.’s “It’s the End of the World.”
As could have been expected, the band did not appreciate his use of their song. Bassist Mike Mills responded to questions from reporters on Twitter with three words: “Cease and desist.”