Yesterday, I contacted Anthem Entertainment and Rush (the band) about Rush Limbaugh's airing of its music on his show, and today I was exclusively informed that the legendary Canadian rock group has formally demanded that the Rush Limbaugh Program stop using its music on the air.
For years now, Rush Limbaugh has been playing Rush music (get it?) as bumpers out of his commercial breaks, including the tracks "Bravado" and "The Spirit of Radio." In fact, when Limbaugh attacked Sandra Fluke and remarked about seeing sex tapes of Fluke in exchange for birth control pills, Limbaugh was playing the popular Rush track "The Spirit of Radio" under his rant.
Thankfully, that ends today.
Here"s the official cease & desist letter from Bob Farmer, the head legal affairs for S.R.O. Management Inc., Core Music Publishing and The Anthem Entertainment Group Inc.
The Rush Limbaugh Show
1270 Avenue of the Americas
New York, NY 10020
RushLimbaugh.com Premiere Radio Networks.
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.
Here's to more recording artists following Rush's and Peter Gabriel's lead.