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[ctfg23]

A member of the rock band Survivor is suing Mike Huckabee for copyright infringement over the use of the group’s ubiquitous “Rocky III” hit song, “Eye of the Tiger.”

Rude Music, operated by founding Survivor member and song co-author Frank M. Sullivan III, filed suit in an Illinois federal court Wednesday alleging that the former Arkansas governor violated a copyright in September when he escorted Kentucky county clerk Kim Davis out of the Carter County Detention Center to the “Eye of the Tiger” tune.

Huckabee, a Republican White House hopeful, led Davis out of jail Sept. 8 and into a rally, which was scheduled before the announcement of her release. Davis was jailed for five days after refusing to issue marriage licenses to same-sex couples despite the landmark Supreme Court case legalizing same-six marriage nationwide. “If somebody needs to go to jail, I’m willing to go in her place,” Huckabee said to the crowd.

Huckabee, however, isn’t the first Republican presidential candidate to find himself in litigation over use of the song. Rude Music filed a complaint against Newt Gingrich in 2012 for allegedly using the Grammy award-winning track at several events going back to 2009.

http://www.politico.com/story/2015/11/mike-huckabee-kim-davis-216033

 

[Korigama]

Good.

 

[Joey Fox]

Did he make money off of using it? No. What are the damages?

 

[Deleted member 284]

Did he make money off of using it? No. What are the damages?

This is an interesting question. Why would a band want ob associated with Mike Huckabee and not be paid for it?

 

[Vincent Alexander]

Did he make money off of using it? No. What are the damages?

They probably don't appreciate their music being associated with a piece of shite like Kim Davis.

 

[xxracerxx]

Did he make money off of using it? No. What are the damages?

Donations to his campaign.

 

[richiek]

Did he make money off of using it? No. What are the damages?

Rock bands / artists suing Republicans for use of their songs is actually very common.

 

[Korgill]

Did he make money off of using it? No. What are the damages?

The damages are the royalty that should have been paid

 

[Dai101]

 

[Chichikov]

Did he make money off of using it? No. What are the damages?

In the US you can sue for statutory damages (i.e. damages that are set by law for infringement, regardless of what actual damages you may or may not incurred).

Though in this case I think you can claim damages that they didn't he didn't pay for royalty.

 

[Squirrel Killer]

Did he make money off of using it? No. What are the damages?

That is but one part of the fair use test, and regardless, Huckabee's unlicensed* use could harm the market for further licensing of the song.

 

[numble]

Did he make money off of using it? No. What are the damages?

Can you pirate a movie and play it for free to an audience full of people?

 

[Fusebox]

Makes sense, he's all for little Govt. He'd probably do away with copyright laws if he got voted in. Lil Govt!

 

[Massive Duck. C.M.]

Did he make money off of using it? No. What are the damages?

They don't want their music support to twin towers of bigotry

 

[Divvy]

I feel like this happened before recently

 

[HardRojo]

I'd sue too if they used my music to support bigotry.

 

[Bluth54]

Don't campaigns normally license the use of music like this from a music label, who then pays the artists?

 

[jediyoshi]

Did he make money off of using it? No. What are the damages?

The part where it would have otherwise been licensed through proper channels.

 

[uncelestial]

Did he make money off of using it?

Oh, yeah, Huckabee did that whole photo op (and blocked Ted Cruz from joining it) out of the goodness of his heart.

 

[BigDug13]

Can you pirate a movie and play it for free to an audience full of people?

Uh, if you pirated a movie, you already broke the law before you even press the play button.

 

[adj_noun]

I feel like this happened before recently

This kind of thing is pretty common.

 

[SparksterMeta0]

Should have made a parody, but it doesn't look like it would make a difference.

http://www.youtube.com/watch?v=5iZl5LGornI

 

[Angelus Errare]

Uh, if you pirated a movie, you already broke the law before you even press the play button.

I doubt Huckabee purchased the song, I think that's the point he's getting at.