6/19/2023 0 Comments Rolling stone rush limbaughYesterday he released a statement saying he would serve Limbaugh with a cease-and-desist though Limbaugh has used the Thunderbirds’ song “Tuff Enuff” for years, the incident with Sandra Fluke was the last straw, the singer said. The Fabulous Thunderbirds’ Kim Wilson is the latest performer to demand Limbaugh stop using his music. However, explains Iser, if a cease-and-desist order in such cases would not likely be upheld in court, the band that issues it is effectively working the court of public opinion. Once they choose to add their songs to the public performance catalog, they’re out there for anyone to use.” Artists who make money from public performance royalties don’t have the right, typically, to control who plays their songs. Networks like Premiere, which syndicates The Rush Limbaugh Show, “all take public performance licenses for the performing societies. “What he did is in fact the essence of what ‘public performance’ is,” Iser says. The fact that Limbaugh’s show has a political agenda does not interfere with his right to play music, so long as it’s paid for, says Iser. By contrast, radio networks are covered under blanket agreements for “public performance” of all songs in the publishing catalogs of ASCAP, BMI and, in the band Rush’s case, SESAC, the Society of European Stage Authors & Composers. What do people need to know about the staunch social conservative and erstwhile VP Here, drawn from interviews he’s done, the most revealing profiles written over the years, a pair of biographies. His clients sued for copyright infingement – their songs were used in audio-visual media, requiring licenses for the musical composition and the use of the recording under the terms of the Copyright Act. Limbaugh’s case is different, says the attorney. He also helped David Byrne force former Florida Governor Charlie Crist to stop running an attack ad using the Talking Heads song “Road to Nowhere.” In 2008, he went to court to stop the campaign of GOP presidential candidate John McCain from using “Running on Empty” in an ad attacking his opponent, Barack Obama. Iser has some experience with such disputes. Legally, the bands may not have a case, says attorney Larry Iser. In the clamor over Rush Limbaugh’s personal attacks on Georgetown law student Sandra Fluke, who recently testified at a Congressional hearing on contraception, musicians including Peter Gabriel and the band Rush have demanded that the conservative talk-show host stop playing their songs on his broadcast.
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