Rush vs. Rush Limbaugh: Band Demands Radio Host Stop Using Music on Show

[Syrinx]

As if the increasing number of advertisers pulling out from his show isn't enough trouble, Limbaugh also has been served with a cease-and-desist letter from Rush, the Canadian trio with 24 gold albums whose classic rock staples include "Tom Sawyer" and "The Spirit of Radio." The band demands that Limbaugh stop using their recorded music during his radio show and are threatening the conservative commentator with a lawsuit for copyright and trademark infringement.

It should also be noted that Rush -- the band -- takes its trademarks seriously enough to pursue action when cease-and-desist threats are ignored.

The band, like many advertisers, now doesn't want to take any chances that people will believe there's any endorsement of a controversial radio host and his political views.

http://www.hollywoodreporter.com/thr-esq/rush-music-vs-rush-limbaugh-297364

[Tx4obama]

1. K&R n/t

[Tx4obama]

2. See below. Also, Peter Gabriel

<SNIP> As for Peter Gabriel ... his song, "Sledgehammer" was playing on Rush's radio show when he called Fluke a "slut" ... and, shocker, Peter's pissed too.

Gabriel's rep said the singer has demanded that his music also be pulled from Limbaugh's show.

<SNIP>

http://www.tmz.com/page/2/#.T1heU3npiSo

[Syrinx]

3. here's the cease and desist letter good Rush's lawyer sent to bad Rush

I hope this will go some distance in finally convincing people that Rush is not a right-wing band. Drummer and primary lyricist Neil Peart did go through a period of infatuation with Ayn Rand as a young man, but that was a very long time ago, in terms of the human lifespan. Peart, when asked about that commented that "I'm no one's disciple." They have more recently categorized themselves as "libertarian socialists." That sounds excellent to me. And I love their music. I've seen them about ten times in concert, and I always got my money's worth. Three and a half hours of amazing, every time.

The Rush Limbaugh Show
1270 Avenue of the Americas
New York, NY 10020

Ladies & Gentlemen:

I am the attorney for Rush, their management company, S.R.O. Management Inc., their music publishing company, Core Music Publishing and their record company, The Anthem Entertainment Group Inc.

According to media reports, Rush Limbaugh, Premiere Radio Networks and The Rush Limbaugh Show have been using Rush's recorded music as part of what is essentially a political broadcast.

The use of Rush's music in this way is an infringement of Rush's copyrights and trademarks. The public performance of Rush's music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement. There are civil and criminal remedies for copyright infringement, including statutory damages and fines.

(see sections 501-513 of Title 17 of the United States Code http://www.copyright.gov/title17/92chap5.html)

In addition, the use of Rush's music in this manner implies an endorsement of the views expressed and products advertised on the show, and is in breach of not only copyright and trademark rights, but also, of section 51 of the New York Civil Rights Law (excerpt attached).

Accordingly, we hereby demand that you immediately stop all use of Rush's music and confirm that you will do so.

Yours very truly,
Robert A. Farmer
Director of Legal Affairs
S.R.O. Management Inc.,
Core Music Publishing
The Anthem Entertainment Group Inc.

[marmar]

4. Good.....The more legal trouble for this pig the better.

nt

[liberal N proud]

5. What the fuck is it about REPUBLICANS and their illegal use of music?

These are the people who want profit for everything but still they take anything they can get for nothing even if it isn't free.

"The band asserts that when Limbaugh plays their music, he's infringing their trademarks and implying an endorsement."

[Syrinx]

6. Good Rush / Bad Rush

[Shankapotomus]

7. They hate liberals and "hippies" but

they'll use our music. Get your own music, Rethugs.

[lunatica]

8. Bad Rush will say there are 18,000 bands wanting to get played by him

LOL!

[tanyev]

9. C'mon, Rush, you should be using your show to help out like-minded musicians.

There's the entire catalog of Ted Nugent and Pat Boone. Why in the world do you feel the need to look any further?

[qb]

10. I suppose he could play Ted Nugent songs...

along with a variety of white supremacist garage bands.