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Perhaps the thread should had been titled differently then, eh?
Both REM and Warner-Tamerlane Music claim it was "unlicensed and unauthorized use of the song." It's a legal matter, and since the Warner-Tamerlane is also making the claim, that suggests they do not have an agreement with Fox for use or for royalties. So Fox made a decision that either wasn't verified by their lawyers (not sure how likely that is), or they made a decision that their use of the song fell under fair use. If Fox did not stop use of the song, they can face a possible lawsuit.
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I don't think the point of the thread was whether the use of the music was legal, but the fact that so many artists disapprove of the Republicans using their music to promote their agenda...they don't want to be associated with the Republicans.
Still, if it fell under fair use, then Fox can still use it. REM can still bring a lawsuit if Fox continued, but Fox could also argue they are correct in their understanding of the law.
That's my interpretation. It is a legal issue.
Edit:
Quote:
"A Fox News spokesman responds: “FOX News Channel’s use of an R.E.M. song during Thursday’s edition of Fox & Friends was in full accordance with its license agreements with all appropriate parties. Nevertheless, we’re always flattered to have this much attention for a song selection and we hope R.E.M. was able to satisfy their publicity fix.
Then why is Warner-Tamerlane Music also saying it was unauthorized use?
Virtually every time the right hijacks songs from artists, they are immediately slammed by the artist and served with cease and desist papers, and at the DNC is the latest case.
Fox was trolling the DNC by using the song "losing my religion" from REM, and was immediately met with outrage from the band, with lead singer Michael Stipe stating:
“We have little or no respect for their puff adder brand of reportage,” lead singer Michael Stipe said. “Our music does not belong there.”
The right wing machine needs to stick to their he-haw and country music
Ignorant right wingers, Losing my religions isn't even about religion. Just like Ryan who listens to radical leftists lyrics, these morons are clueless when it comes to rock music
They should stick to cheesy country songs about bombing Iraq and killing Muslims
An apology for what? FOX says they aren't doing anything at all illegal. Here's a statement," A Fox News spokesman responds: “FOX News Channel’s use of an R.E.M. song during Thursday’s edition of Fox & Friends was in full accordance with its license agreements with all appropriate parties. Nevertheless, we’re always flattered to have this much attention for a song selection and we hope R.E.M. was able to satisfy their publicity fix.”
Typical of the vile scum at fox to use an artist's work illegally, then thumb their noses at them when told to stop.
When you left wing kooks actually learn the law, I'll take your postings seriously on what constitutes breaking it..
Are you seriously suggesting that the link you provided about the most basic information about copyright was somehow you offering a valid reason for Fox's use of the REM song? Give me a break.
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Originally Posted by pghquest
Actually you do.. Even if you plead guilty you still go in front of a judge who takes your plea and then pronounces you guilty in a trial by judge.
It amazes me how many people get online and say things like this that they know absolutely positively nothing about.
What? A person can't just make up a guilty plea agreement on his/her own without a judge's approval? Who knew!
We were talking about the court of public opinion. Of course, no legal charges had been filed against Fox .
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Originally Posted by Bill Keegan
An apology for what? FOX says they aren't doing anything at all illegal. Here's a statement,
Must be using the same licensing agreement as Rush Limbaugh. REM has to opt out of that, if it's even possible to.
Isn't that his business? Or do so-called capitalists not believe in the freedom to do with one's capital as one wishes anymore?
It is his business. It's the complete irony and hypocrisy of a guy worth $60 million , oh never mind. You don't care about anything like they. Partisan to the end.
When you left wing kooks actually learn the law, I'll take your postings seriously on what constitutes breaking it..
OK I'm wrong then, go ahead and make a commercial for your business using Beatles and Bruce Springsteen songs without paying them and see how far that gets you. Just move into Trump Tower while you are at it since you find personal property laws meaningless
If the music was used by FOX and was broadcast during a TV show from which they received advertising income, then they would not win in court.
Not true. Permission must be asked for and granted to air any music. Royalties alone do not constitute asking permission.
That is why you see 'used by permission' in the credit roll of TV shows and the like. Those words are also part of the permission granting process.
If Fox or any other news agency does not do stuff the correct way, they will lose in court, period. The laws are very clear, very well defined and very narrowly phrased. If REM had taken them to court for using a million selling song, the penalties could have easily reached $3 million or more.
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