Huckabee Told To Cool It.

[Bronco_Beerslug]

Hey, hey, they're not too happy with the Republican nut playing their music...

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Rocker tells Huckabee to lay off song

By HOLLY RAMER, Associated Press Writer 1 hour, 11 minutes ago

CONCORD, N.H. - The chief songwriter and founder of the band Boston has more than a feeling that he's being ripped off by Mike Huckabee. In a letter to the Republican presidential hopeful, Tom Scholz complains that Huckabee is using his 1970s smash hit song "More Than a Feeling" without his permission.

A former member of the band, Barry Goudreau, has appeared with Huckabee at campaign events, and they have played the song with Huckabee's band, Capitol Offense.

Scholz, who said Goudreau left the band more than 25 years ago after a three-year stint, objects to the implication that the band and one of its members has endorsed Huckabee's candidacy.

"Boston has never endorsed a political candidate, and with all due respect, would not start by endorsing a candidate who is the polar opposite of most everything Boston stands for," wrote Scholz, adding that he is supporting Democratic Sen. Barack Obama. "By using my song, and my band's name Boston, you have taken something of mine and used it to promote ideas to which I am opposed. In other words, I think I've been ripped off, dude!"

Fred Bramante, who was chairman of Huckabee's New Hampshire campaign, called the allegations ridiculous. He said he attended dozens of Huckabee rallies in New Hampshire and other states and never heard Huckabee play "More Than a Feeling," other than when Goudreau campaigned with him in Iowa in October.

"Governor Huckabee plays 'Sweet Home Alabama.' Does that mean Lynyrd Skynyrd is endorsing him? He plays 'Louie Louie.' Does that mean The Kingsmen are endorsing him? To me, it's ridiculous," he said. "Never once has he said, 'The band Boston endorses me.'

Scholz, in a telephone interview Friday, said he understands "More Than a Feeling" has been a centerpiece at some rallies, and said Goudreau is identified with the band in an endorsement video.

"Whenever a campaign publicly exploits a well-known song, there is some inference of support" by the band or artist, he added.

He recommends that Huckabee "stick to music recorded by far-right Republicans."

CONT.

[SoCalBronco]

I think Boston needs to cool it.

[Bronco_Beerslug]

Originally Posted by SoCalBronco

I think Boston needs to cool it.

Cool what and why? I think they made their point quite clearly.

[SoCalBronco]

Originally Posted by Bronco_Beerslug

Cool what and why? I think they made their point quite clearly.

I'm unaware of any legal authority, be it statutory or caselaw, that supports the proposition that Boston or anyone can tell someone who purchased their music (presumably the campaign purchased some CD or tape to put on these audio systems) to simply not play it merely because they disagree with that persons views. If I'm wrong, Boston should file suit and state the recognized cause(s) of action. Otherwise, this is just whining. OH NOES!!!! Someone that you don't like bought your stuff and is playing it! How will the sun come up tomorrow?

I have no problem with them disagreeing with whoever they like to, but to say stop playing our music or cool it or whatever is stupid. I'm pretty sure they didn't complain when the checks come in for their royalties from such material. Boston should shiat (file suit if there is a colorable claim of any kind) or get off the pot.

[Spider]

Had bad is that , an over the hill rocker putting his foot in your ass

[Spider]

Originally Posted by SoCalBronco

I'm unaware of any legal authority, be it statutory or caselaw, that supports the proposition that Boston or anyone can tell someone who purchased their music (presumably the campaign purchased some CD or tape to put on these audio systems) to simply not play it merely because they disagree with that persons views. If I'm wrong, Boston should file suit and state the recognized cause(s) of action. Otherwise, this is just whining. OH NOES!!!! Someone that you don't like bought your stuff and is playing it! How will the sun come up tomorrow?

I have no problem with them disagreeing with whoever they like to, but to say stop playing our music or cool it or whatever is stupid. I'm pretty sure they didn't complain when the checks come in for their royalties from such material. Boston should shiat (file suit if there is a colorable claim of any kind) or get off the pot.

So If Hillary started Playing Mongomery Gentry , we would be ok with this ? you dont think those 2 would stand up and say stop ?
Look at what hapened to the Dixie Chicks

[Bronco_Beerslug]

Originally Posted by SoCalBronco

I'm unaware of any legal authority, be it statutory or caselaw, that supports the proposition that Boston or anyone can tell someone who purchased their music (presumably the campaign purchased some CD or tape to put on these audio systems) to simply not play it merely because they disagree with that persons views. If I'm wrong, Boston should file suit and state the recognized cause(s) of action. Otherwise, this is just whining. OH NOES!!!! Someone that you don't like bought your stuff and is playing it! How will the sun come up tomorrow?

I have no problem with them disagreeing with whoever they like to, but to say stop playing our music or cool it or whatever is stupid. I'm pretty sure they didn't complain when the checks come in for their royalties from such material. Boston should shiat (file suit if there is a colorable claim of any kind) or get off the pot.

Whoa, you're an attorney now right? I'm pretty sure (not being one) that their music (and everyone else's) is only for sale for personal listening entertainment and not for free public broadcast but if I'm wrong I'll listen...

[L.A. BRONCOS FAN]

Originally Posted by SoCalBronco

I'm unaware of any legal authority, be it statutory or caselaw, that supports the proposition that Boston or anyone can tell someone who purchased their music (presumably the campaign purchased some CD or tape to put on these audio systems) to simply not play it merely because they disagree with that persons views.

You're obviously not familiar with copyright and performing rights laws.

Huckster isn't simply playing a Boston CD at a campaign event - he's publicly performing the song himself (i.e., as a "musician" and a performer.)

The owner of the copyright in a composition - the music and words of the song - has the exclusive right to control all public performance of the song. (Unlike the owner of the copyright in a sound recording, i.e., a recording of a particular performance of a song.)

So, if Scholz controls the copyright for the composition, he could have a legal claim against Huckster.

[SoCalBronco]

Originally Posted by L.A. BRONCOS FAN

You're obviously not familiar with copyright and performing rights laws.

Huckster isn't simply playing a Boston CD at a campaign event - he's publicly performing the song himself (i.e., as a "musician" and a performer.)

The owner of the copyright in a composition - the music and words of the song - has the exclusive right to control all public performance of the song. (Unlike the owner of the copyright in a sound recording, i.e., a recording of a particular performance of a song.)

So, if Scholz controls the copyright for the composition, he could have a legal claim against Huckster.

As I noted, if there is a colorable cause of action, they should seek an injunction. If not, don't complain. I don't see them doing anything, I see them just complaining. If they feel there is recognizable legal harm being done (be it copyright or performing rights laws or whatever the source creating such rights) then do something about it. Otherwise, I don't see what the problem is (you are correct that my legal specialization is not in that area, but my point is nonetheless the same).

[L.A. BRONCOS FAN]

Originally Posted by SoCalBronco

As I noted, if there is a colorable cause of action, they should seek an injunction. If not, don't complain. I don't see them doing anything, I see them just complaining. If they feel there is recognizable legal harm being done (be it copyright or performing rights laws or whatever the source creating such rights) then do something about it. Otherwise, I don't see what the problem is (you are correct that my legal specialization is not in that area, but my point is nonetheless the same).

Don't complain?

That's pretty much the stock Republican answer to anyone who calls you guys on any of your misdeeds, anytime, anywhere, isn't it?

Quite apart from the legal questions here, Scholz has every right to complain.

Let's say Ted Kennedy took one of your family photos without your permission and used it in his campaign events as an example of "our kind of family."

Wouldn't you be angry?

Wouldn't you ask him to stop it?

[L.A. BRONCOS FAN]

BTW, John Mellencamp asked the McCain campaign to stop playing Mellencamp's "Our Country" at McCain events.

The campaign agreed.

[Bronco_Beerslug]

Originally Posted by SoCalBronco

As I noted, if there is a colorable cause of action, they should seek an injunction. If not, don't complain. I don't see them doing anything, I see them just complaining. If they feel there is recognizable legal harm being done (be it copyright or performing rights laws or whatever the source creating such rights) then do something about it. Otherwise, I don't see what the problem is (you are correct that my legal specialization is not in that area, but my point is nonetheless the same).

What kind of BS statement is this? They asked him to stop so they don't have to sue him. So what do you want to see happen, lawsuits?

[Bronco Bob]

Originally Posted by Bronco_Beerslug

Fred Bramante, who was chairman of Huckabee's New Hampshire campaign, called the allegations ridiculous. He said he attended dozens of Huckabee rallies in New Hampshire and other states and never heard Huckabee play "More Than a Feeling," other than when Goudreau campaigned with him in Iowa in October.

"Governor Huckabee plays 'Sweet Home Alabama.' Does that mean Lynyrd Skynyrd is endorsing him? He plays 'Louie Louie.' Does that mean The Kingsmen are endorsing him? To me, it's ridiculous," he said. "Never once has he said, 'The band Boston endorses me.'

If the last time the song was played was at a rally in Iowa, and it hasn't
been played since, what's the problem? Isn't not playing the song
the same thing as ceasing to play the song? It just sounds like Tom Scholz
is whining to get a little bit of attention.

(BTW, Richard Berry wrote "Louie Louie". Being as he is dead, I doubt he can complain too much.)

[Bronco_Beerslug]

Originally Posted by Bronco Bob

If the last time the song was played was at a rally in Iowa, and it hasn't
been played since, what's the problem? Isn't not playing the song
the same thing as ceasing to play the song? It just sounds like Tom Scholz
is whining to get a little bit of attention.

(BTW, Richard Berry wrote "Louie Louie". Being as he is dead, I doubt he can complain too much.)

Hardly. He doesn't want his music affiliated with a radical religious nutjob.

Scholz, in a telephone interview Friday, said he understands "More Than a Feeling" has been a centerpiece at some rallies, and said Goudreau is identified with the band in an endorsement video.

"Whenever a campaign publicly exploits a well-known song, there is some inference of support" by the band or artist, he added.

Scholz — who wrote, engineered, and laid down nearly all the instrumental tracks on the first album — countersued for the rights to the band's name and music. Three members of the original band, including Goudreau, testified for the record company, which lost.

Last week, McCain's campaign agreed to stop playing John Mellencamp's songs "Our Country" and "Pink Houses" at his rallies after the liberal rocker complained.

BTW, just what is a right wing band and/or song? A far as I know there aren't any unless you go hillbilly or country.

[Bronco Bob]

Originally Posted by Bronco_Beerslug

Hardly. He doesn't want his music affiliated with a radical religious nutjob.

Scholz, in a telephone interview Friday, said he understands "More Than a Feeling" has been a centerpiece at some rallies, and said Goudreau is identified with the band in an endorsement video.

So basically Scholz has most likely never even been to a Huckabee rally,
but just thinks the song has been played at them and is whining about
something he has no first hand knowledge of.

And as Goudreau is one of the original members of Boston, he has every right
to say he was a member of Boston, and has every right to endorse Huckabee.
Where exactly did Goudreau say that Boston endorses Huckabee?

You know, I kind of wonder if this is even about Huckabee. There has
been a lot of bad blood between Scholz and Goudreau. It almost sounds
like Scholz is whining as a way of carrying on his feud with Goudreau.

[Bronco_Beerslug]

Originally Posted by Bronco Bob

And as Goudreau is one of the original members of Boston, he has every right
to say he was a member of Boston, and has every right to endorse Huckabee.

You apparently didn't read my reply very closely. He has NO right to play Boston songs or pretend to let Huckabee play them.

It's just like someone using my 100 million dollar painting used with a political sigline without my permission....strictly verbotten!

[Bronco Bob]

Originally Posted by Bronco_Beerslug

You apparently didn't read my reply very closely. He has NO right to play Boston songs or pretend to let Huckabee play them.

It's just like someone using my 100 million dollar painting used with a political sigline without my permission....strictly verbotten!

I read your reply. Did you read mine? Where is Scholz's proof they
are currently, or even recently, playing his song?

So basically Scholz has most likely never even been to a Huckabee rally,
but just thinks the song has been played at them and is whining about
something he has no first hand knowledge of.

The only time there is definite proof the song was played was at a rally
prior to the Iowa caucuses. So if there is no proof that the song has
been played since then, what is the basis of Scholz's whine?

If I used your painting once, and never used it again and then two months
later you come out yelling stop using my painting, isn't the fact that
I am not using you painting anymore complying with your wishes?

Now if next week at a rally they play the song, then Scholz's would
have something legitimate to complain about. But as it stands right
now, Scholz's is merely whining.

[Bronco_Beerslug]

Originally Posted by Bronco Bob

I read your reply. Did you read mine? Where is Scholz's proof they
are currently, or even recently, playing his song?

Wow, back up dude and try reading again. It's being used on videos and at his rallies.

[L.A. BRONCOS FAN]

It doesn't matter how many times he has performed the song.

[L.A. BRONCOS FAN]

Huckabee isn't simply playing a recording of the song at campaign events - he's peforming the song with his band.

Bottom line: Whoever controlls the copyright for a musical composition has the exclusive right to control all public performances of the composition.

Goudreau does NOT controll the copyright to the song in question.

The only way Huckabee is in the clear here is if he has (a) licenced the song for public performance, or (b) if every venue where he has performed the song has purchased a blanket license from ASCAP or BMI or whatever performing rights organization the song publisher is associated with.

[Bronco_Beerslug]

Originally Posted by L.A. BRONCOS FAN

It doesn't matter how many times he has performed the song.

Exactly!!!!!!!!!!!!!!!!!
It amazes me how many people don't understand anything about media, recording, etc... rights. In fact, I violate fair use laws here constantly even though I site the author by posting the entire article, instead of just a primer (paragraph or two).

[L.A. BRONCOS FAN]

Originally Posted by Bronco_Beerslug

Exactly!!!!!!!!!!!!!!!!!
It amazes me how many people don't understand anything about media, recording, etc... rights. In fact, I violate fair use laws here constantly even though I site the author by posting the entire article, instead of just a primer (paragraph or two).

Yep.

And, as I was just saying to SoCal, even if we ignore the legal questions here, how would you feel if a politician whose views you find deplorable stole one of your family photos and used it without your permisson in his campaign events as an example of "our kind of family?"

Would we be justified in saying you were just "whining" if you were angry, spoke out publicly, asked him to stop, etc?

[Bronco Bob]

Originally Posted by Bronco_Beerslug

Wow, back up dude and try reading again. It's being used on videos and at his rallies.

Show me where. Do you have a YouTube clip, for example, other than the one from October of last year.

Fred Bramante, who was chairman of Huckabee's New Hampshire campaign, called the allegations ridiculous. He said he attended dozens of Huckabee rallies in New Hampshire and other states and never heard Huckabee play "More Than a Feeling," other than when Goudreau campaigned with him in Iowa in October.

"Governor Huckabee plays 'Sweet Home Alabama.' Does that mean Lynyrd Skynyrd is endorsing him? He plays 'Louie Louie.' Does that mean The Kingsmen are endorsing him? To me, it's ridiculous," he said. "Never once has he said, 'The band Boston endorses me.'

Scholz is just another has been musician that wants his 15 minutes back.

[L.A. BRONCOS FAN]

Originally Posted by Bronco Bob

Show me where. Do you have a YouTube clip, for example, other than the one from October of last year.

For the past few months, presidential candidate and amateur bassist Mike Huckabee has been performing Boston’s “More Than a Feeling” at campaign events — sometimes even with onetime Boston guitarist Barry Goudreau. But now there’s a problem: Boston mastermind Tom Scholz, who wrote and played every guitar part on “More Than a Feeling,” is an Obama supporter, and he’s pissed off (a similar disagreement recently went down between John McCain and John Mellencamp). Click below to read his letter to Huckabee:

http://www.rollingstone.com/rockdail...sed-him-damage

.

[Bronco Bob]

Originally Posted by L.A. BRONCOS FAN

Yep.

And, as I was just saying to SoCal, even if we ignore the legal questions here, how would you feel if a politician whose views you find deplorable stole one of your family photos and used it without your permisson in his campaign events as an example of "our kind of family?"

Would we be justified in saying you were just "whining" if you were angry, spoke out publicly, asked him to stop, etc?

A family photo is an entirely different thing. If it were a personal song
that Scholz had written to his girlfriend and never performed in public
that would be a different matter. But this is song that has been
played on the public airwaves for decades. If Huckabee pays Scholz the
9.1 cents that is the current royalties fee for recording a song,
then Huckabee has every right to play the song. It's no different than
Led Zeppelin being used to sell Cadillacs.