Texas Trademark Lawyer Tamera Bennett

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Cease and Desist to Newt Gingrich over "How You Like Me Now?"

Here we go again.... One of my favorite topics is the use of songs and sound recordings in campaigns. Especially presidential campaigns.  According to news reports, Third Side Music sent Gringrich's campaign a cease and desist letter ordering them to stop using the song “How You Like Me Now” at campaign events. In 2008 I blogged  here and here stating so long as a campaign secures the necessary public performance license, a song can be played at campaign events without any permission from the artist, songwriter or music publisher.  If Mr. Gingrich would like to incorporate the song into a video or advertisement, then his team would need to secure a master use license from the record label and a synchronization license from the music publisher.

Third Side Music is the Canadian music publisher that controls the rights to the song.  The public performance rights for the song "How You Like Me Know" are most likely administered by SOCAN.

Thank you to Canadian entertainment attorney Bob Tarantino for linking to this post and distinguishing the "moral rights" that arise under UK and Canadian Copyright Law.  Good stuff!

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