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!

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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