Talking Head Apologizes To Talking Head
As if losing his party's nomination for Senate wasn't humiliating enough, Charlie Crist is now apologizing via YouTube for his improper use of Talking Heads' "Road To Nowhere." By definition both sides find this settlement acceptable. I assume Byrne is happy to get such a public apology, and I guess Crist would rather do this than pay money.
The part I like best is where he calls it a "famous song." Well known, maybe, but famous? Did Byrne insist on the wording?
It sounds like Byrne had him dead to rights, but it does raise fascinating intellectual property questions. Ideally, how much say should composers have when it comes to public performance of their songs? (Those who record the composition also have some legal control, but it doesn't go as far--thanks to Eugene Volokh for clearing up a few copyright points for me.) Once they've allowed their song to go out in public, why shouldn't other decide what to do with it, as long if they pay for it? It does turn out that radio stations and the like can pretty much play what they want as long as they pay licensing fees, since it's not workable for ASCAP or BMI to set up agreements any other way, and, besides, most composers don't really object to making money. But I suppose a composer could go his own way and pick and choose who gets to perform his songs. So a playwright can decide who performs his piece? An author can choose who buys his book?
When I pay my money and buy a recording, I'll play it how I want when I want (as long as I don't get paid for it). At that point, I don't think the composer can come into my house, return the money, and take my cd (or tape, or iPod or whatever). Why can't a politician play a song for his campaign if he likes it?
PS I'm tempted to put up the "Road To Nowhere" video but now I'm scared. Not a bad video, but one of the band's weaker songs.
PPS I'm reminded of a National Lampoon issue that featured an apology to Liza Minelli. It sounded like a joke, but you looked inside and it was a real, legally-compelled apology.
posted by LAGuy @ 12:08 AM
4 Comments:
"Road to Nowhere" is not weak. A wonderful celebration of aimlessness
Reminds me of Springsteen and Cougar Mellencamp (that was the moniker at the time) objections to Reagan using their songs though I don't remember if it got down to the nitty gritty of intellectual property rights. I do remember Bruce saying to the Reagan campaign something like "if you listen to the lyrics, man, you wouldn't wanna play my songs"
Do you still listen to music on FM radio stations? I've recently taken to listening to music on www.Groveshark.com. It's a free web site where people upload their personal music collections, for their own use, and can listen to them anywhere they have an internet connection. I think this is cloud computing.
Here's the trick, not only can I listen to my music, I can listen to anybody else's as well! At first blush, this seems perfectly legit. I can have people come over to my house and listen to my music collection without violating any copyrights, as long as I don't charge for the "performance". I don't even have to stay in the listening room with them. Grooveshark is just an online version of shared listening.
Grooveshark makes money by advertising and memberships if you don't want to look at the advertising (there is no audio advertising). Grooveshark has quietly offered this service for several years now. I believe I read that they do have a licensing agreement with EMI, but not the other major record labels. And they haven't been shut down yet.
I guess the tricky part will come when people download from the site. Grooveshark's legal position is that users should not download anything they don't have a right to own. If they do, they violated the copyright, not Grooveshark (I haven't tried downloading anything).
So, say I'm at a friend's house. I download my song that I uploaded earlier (a song I had purchased elsewhere). That's legal, I guess. But what if I download it to my friends computer? I don't charge him - we just use his computer to listen to it (once upon a time I brought my mix-tape to my friend's house and played it on his tape deck). Am I still clear? Do I have to tell my friend to delete the file once I leave? If he doesn't - who violated a copyright (if anyone)?
Speaking of apologies, I'm reminded of Chevy Chase's impromptu unscripted apology on SN's Weekend Update immediately after reporting the very recent and real brutal murder of murder of Professor Backwards (Neighbors didn't understand his cries of "Pleh! Pleh!").
Actually that apology wasn't so much fake as cheap -he didn't give it until he got the laugh. (BTW still one of my favorite jokes)
I don't remember the Chevy Chase apology. I do seem to recall an apology SNL made for making fun of Chelsea Clinton.
If "Road To Nowhere" is about aimlessness, the tune sure gets that across. Byrne found it so monotonous that he added the even more boring choral introduction.
I'm aware of the whole fight over the meaning of "Born In The USA." (Walter Mondale also got into the act, claiming mistakenly Springsteen was on his side.) The funny thing is Reagan understood the song better than Springsteen.
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