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Intellectual Property Law

: Copyfight - The Politics of IP

It's a Fine Tradition, Charlie Crist

By Posted by Alan Wexelblat

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The Talking Heads, from the Little Creatures album
Following in the footsteps of the US Air Force and before that Presidential candidate John McCain, the Republican Governor of Florida, Charlie Crist, is using the Talking Heads' song ?Road to Nowhere? in an ad for his Senate campaign. And David Byrne is going to sue him for it.

Byrne's blog post notes that he has always maintained a no-ad use (though I seem to recall him appearing in some non-US ads possibly without Talking Heads music) and makes the point that the use of a person's music may imply some kind of endorsement. Ironically, Byrne notes that when McCain got sued by Jackson Browne part of the settlement (McCain lost) was an agreement by the RNC to obtain licenses in the future. I guess Crist forgot about that part of upholding law and order.

According to a piece in Billboard magazine on the suit, Byrne has retained the same attorney who represented Browne and who presumably was part of those settlement negotiations. Byrne is asking for USD 1 million in damages, a symbolic amount to be sure, but (again, according to Billboard) it's representative of the amounts Byrne has been offered in the past for use of his material.

If the Cartel had any soul at all it would be filing amicus briefs on Byrne's behalf. But I'm not holding my breath.

Full post as published by Copyfight - The Politics of IP on May 26, 2010 (boomark / email).

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