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."

GOP Gets 'Folked'-- Settles Jackson Browne Suit

Image by Getty Images via Daylife

Jackson Browne has settled his lawsuit against Sen. John McCain, the Republican National Committee and the Ohio Republican Party involving their use of his hit song "Running on Empty" during the 2008 presidential campaign without his permission.

Jackson brought suit in the U.S. District Court for the Central District of California on August 14, 2008, alleging copyright infringement, violation of the Lanham Act by implying his endorsement, and violation of his right of publicity through the use of his voice in a political advertisement (Case No. cv08-05334). In February, the Court rejected the defendants' motion to dismiss the suit, which they claimed chilled free speech and invoked the "fair use" exception to the copyright laws.

Neither side disclosed the settlement amount received by Browne, but the defendants issued an apology, which said in part: "We apologize that a portion of the Jackson Browne song 'Running on Empty' was used without permission."

The use by political campaigns of copyrighted music delves into murky legal ground delineating the respective reach of commercial speech and political speech. Browne, a political activist known for his opposition to nuclear power, insisted his suit was not a partisan attack against the GOP, but rather, an effort to enforce the intellectual property rights of artists.

Given the outcome of the election and the party's nominee, the GOP should have bypassed "Running on Empty" and selected from Jackson Browne's discography "The Pretender," " Redneck Friend," or "Doctor, My Eyes."