Drudge Retort: Red Meat for Yellow Dogs
Thursday, January 28, 2010

A Republican congressional candidate in Illinois, who happens to be named Joe Walsh, used the other Joe Walsh's song "Walk Away" for his campaign without permission. The attorney for Joe Walsh, the musician, was forced to give the thieving Joe Walsh, the politician, a lesson in the United States Copyright Act.

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Hilarious if I may say so myself.

You would think someone would have pointed that out to him before he did that.

That was funny.

I forgot to paste the letter in the additional info spot:

Dear Mr. Walsh:

We represent Joe Walsh -- not you, but the musician who plays guitar with the Eagles. Joe wrote a song called "Walk Away." A lot of people know this song. That's why when they heard your campaign song, "Lead The Way," they noticed it was the same song as "Walk Away," but with peculiar lyrics.

As a candidate for Congress, you probably have a passing familiarity with many of the laws of this great country of ours. It's possible, though, that laws governing intellectual property are a little too arcane and insufficiently populist for you to really have spent much time on. We're writing because we think laws are important, and it might be beneficial to your potential future career as a congressman if you were more aware of them.

First, there's the United States Copyright Act. It says a lot of things, but one of the things it says is that you can't use someone else's song for your political campaign promotions unless you get permission from the owner of the copyright in the song. As far as we can tell, you didn't do that. Maybe you got so busy with the campaign that you just forgot. But that's no OK.

Second, under that same United State Copyright Act, you're not allowed to take someone's song and change the lyrics. This is not to say you're not allowed to write silly lyrics, you just have to write them to your own music. Now, I know why you used Joe's music -- it's undoubtedly because it's a lot better than any music you or your staff could have written. But that's the point. Since Joe writes better songs than you do, the Copyright Act rewards him by letting him decide who gets to use the songs he writes.

You might also want to check out the trademark laws. They're there to protect the public from being confused as to the source of goods or services or as to whether someone endorses particular goods or services. Given that your name is Joe Walsh, I'd think you'd want to be extra careful about using Joe's music in case the public might think that Joe is endorsing your campaign or, God forbid, is you. Or maybe you intended that. But you shouldn't have.

CON'T

I'm sure that when you take this letter to a lawyer with a passing knowledge of copyright and trademark law, he'll give you some good lawyer words to put in a letter back to us -- things like "First Amendment," fair use," "parody" and "so's your old man." Having dealt with situations like this in past, we know that the first refuge of political scoundrels is the First Amendment. Just know that this is an area in which I've practiced my entire career and I can promise you that none of those buzzwords (or the law that they represent) works for you here.

In fact, if you check with your own Republican National Committee (the "RNC"), they can confirm this for you. You may recall that, during his 2008 campaign, Senator John McCain used Jackson Browne's song "Running On Empty" without permission. A lawsuit ensued, following which Senator McCain, the Ohio Republican Party and the RNC apologized for misusing the song. They "pledge(d)" in future election campaigns to respect and uphold the rights of artists and to obtain permissions and/or licenses for coyprighted works where appropriate." It's appropriate here, so we'd appreciate it if you'd get on board with your party.

As a former Presidential candidate, Joe Walsh knows how tough it is to ge elected. But he always played by the rules. And so should you. Therefore, we must insist that you discontinue using in your campaign any material that infringes the copyright in "Walk Away" (or any of Joe's other songs).

We trust that you will promptly comply with this request so that we don't have to go all Jackson Browne on you. Further to that thought, please note that nothing conatined in this letter should be construed as a waiver of any rights, remedies or claims that Joe Walsh (again, the musician, not you) may have. Accordingly, all those rights, remedies and claims are expressly reserved.

Now, I know why you used Joe's music -- it's undoubtedly because it's a lot better than any music you or your staff could have written. But that's the point. Since Joe writes better songs than you do, the Copyright Act rewards him by letting him decide who gets to use the songs he writes.

Pure greatness.

Fuck Joe Walsh (the musician, not the politican) and his capitalistic ownership of his music.

I'm voting for Joe Walsh (the politician, not the musician)

-Nulli

Until Joe Walsh the politician has seen a pound of blow backstage at a 70's Eagles concert he can't be trusted.

Joe Walsh the Teabagger got nailed by the real Joe Walsh's lawyer?

Woo Hoo! Pwnage incarnate.

Some fun stories on the ole Tort today.

"Life's been good to me so far"

This is even funnier than the time Ann and Nancy Wilson told Scary to quit using that Barracuda tune.

Wot is it with teabaggers stealing tunes?

Guess their distain fer intellect goes so far as to include intellectual property rights.

Be Well.

We trust that you will promptly comply with this request so that we don't have to go all Jackson Browne on you. Further to that thought, please note that nothing conatined in this letter should be construed as a waiver of any rights, remedies or claims that Joe Walsh (again, the musician, not you) may have.

Again, funny.

I'm voting for Joe Walsh (the politician, not the musician)

-Nulli

#7 | Posted by eberly

I don't know who Joe Walsh is, Beverly. I haven't posted on this thread. Never posted about Joe Walsh. What are you talking about? Are you drunk?

What are you talking about? Are you drunk?

oh come on Nulli. I'm just fucking with you but you have railed on and on about greedy musicians and their "ownership" of the music.

Are YOU drunk?

gotta go....

have a good evening all.

Null, you've never heard of Joe Walsh the musician? He played guitar for the shitty Eagles and had an ok solo career.

That was an awesome letter to lower case "joe."

Joe Walsh ... always played by the rules

Except the rules concerning Cocaine and Weed, etc. of course.

My Maserati does 185
I lost my license, now I don't drive

I go to parties, some times until four
It's hard to leave when you can't find the door.

Wow, talk about REALLY BAD staff work.

Tesla does a killer version of this classic.

Crisis

I need to find a version of the politician's song so I can see how bad he butchered it.

You can't find the scumbag Joe Walsh's version of the song because the musician Joe Walsh has had them removed:

www.youtube.com

Once again we see that the only sure thing a teabagger can claim is a health dose of FAIL.

The only thing that could be better than this is if a politician named John Fogerty played The Old Man Down The Road Runs Thru The Jungle Road at his campaign events and got sued by, not only John Fogerty, but also by John Fogerty.

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