Gingrich 'Rocky' Campaign Sued by 'Eye of the Tiger' Composer

Image by Getty Images via @daylifeGOP presidential primary contender and former House Speaker Newt Gingrich may consider himself a political Survivor, but the co-composer of the Rocky III theme song "Eye of the Tiger" nonetheless has brought a copyright infringement claim in the United States District Court for the Northern District of Illinois to get the Georgia history professor to stop blasting the tune at campaign events.

The five-page complaint in Rude Music Inc. v. Newt 2012 et al. (Case No. 1:12-cv-00640) seeks injunctive relief, along with damages and attorneys' fees against Gingrich's campaign, Newt 2012, as well as the American Conservative Union. Plaintiff Frank Sullivan, owner of Rude Music Inc., co-wrote the Grammy-winning "Eye of the Tiger" with Jim Peterik, and registered the copyright in 1982, according to accounts by Reuters and Associated Press wire services.

The complaint alleges Gingrich co-opted the song without the creators' permission, and has been using it since 2009 to signal his arrival at rallies and other public appearances. Gingrich's campaign has yet to respond to the suit, preferring to direct its invective at front-runner Mitt Romney, President Barack Obama and the news media.

Republican candidates have not had much luck against musicians angry over their works being used in political settings, ranging from Jackson Browne (see "TUOL" post 7/21/09), David Byrne (see "TUOL" post 5/26/10) and Don Henley (see "TUOL" post 6/3/10). If  Rep. Gingrich decides to change his tune, so to speak, the music-loving staff of "TUOL" recommends Frank Sinatra's "Love is Lovelier the Second (er...Third) Time Around," Tina Turner's "Let's Pretend We're Married," Blue October's "Hate Me" or Lisa Marie Presley's "Idiot."

UPDATE: Former Fla. Gov. Crist 'Byrned' by Copyright Infringement Settlement

Image by Getty Images via @daylifeFormer Florida Gov. Charlie Crist returned to the scene of the crime, as it were, appearing in a YouTube video apologizing to former Talking Heads frontman David Byrne as part of a settlement of the latter's copyright infringement suit against Crist for his campaign's unauthorized use of  Talking Heads hit song Road to Nowhere in a YouTube video attacking Crist's 2010 U.S. Senate opponent and eventual victor Marco Rubio (see "TUOL" post 5/26/10).

Byrne sued  Crist for copyright infringement and violation of the Lanham Act in the U.S. District Court for the Middle District of Florida (Case No. 8:10-cv-1187-T26) in May 2010, seeking $1 million in damages for the unauthorized use of his band's song.  Beyond the recorded apology, the terms of the parties' settlement were not disclosed.

It appears the plaintiff was successful in his goal, to borrow another Talking Heads song title: Give Me My Name Back. 

GOP Campaign Ads: Stick to Country & Western & Andy Williams

Cover of Little Creatures

David Byrne of Talking Heads,  the New Wave band that thrived in the '70s and '80s, is suing Florida Gov. Charlie Crist for allegedly appropriating the band's 1985 single Road to Nowhere in a campaign attack ad without permission or copyright licenses, according to Billboard magazine.

The suit filed in Tampa in the U.S. District Court for the Middle District of Florida (Case No. 8:10- cv-1187-T26(MAP)) demands $1 million in damages for Crist's alleged use of the song in a YouTube attack ad against his then-GOP  primary rival for the U.S. Senate race, Marco Rubio. Crist has since not only abandoned the Talking Heads tune, but also the GOP, and is running for Senate as an independent.

The suit alleges copyright infringement and also includes a violation of the Lanham Act count for purportedly implying Byrne's endorsement of Crist's candidacy. Coincidentally, Byrne's attorney also successfully sued the GOP in the U.S. District Court for the Central District of California for using Jackson Browne's Running on Empty during Sen. John McCain's presidential run without permission (Case No. cv08-05334) [see "TUOL" post 7/21/09].


Road to Nowhere appeared on the 1985 album Little Creatures, the band's sixth album. Other Talking Heads song titles No Compassion, Artists Only, and Give Me Back My Name, seem more apropos regarding the lawsuit.