Mike Huckabee Settles For Five Figures With Survivor Over Copyright Infringement

from the just-ask-next-time dept

If you’ll recall, back when the American presidential campaign was still in full swing and we weren’t all left with only two candidates that basically distill the concept of the lesser of two evils argument for voter participation, Mike Huckabee held a rally for Kim Davis and played Eye of the Tiger by Survivor to introduce her. While there was enough wrong in the entire episode to fill up many, many pages, Techdirt focused first on Frank Sullivan of Survivor’s lawsuit against Huckabee for copyright infringement. Most observers initially thought that the suit wouldn’t go anywhere, as most of the time these politicians have the proper blanket licensing to play these songs as part of their campaigns. Upon further inspection, however, the Kim Davis rally couldn’t really have been considered part of Huckabee’s ill-fated campaign, which would render any license his people had obtained useless. This was confirmed when Huckabee bizarrely put forth affirmative fair use defenses, claiming that the use was non-substantial and non-commercial…because the Kim Davis rally was a religious rally.

I said at the time that the tactic was unlikely to work and, additionally, was quite a disgusting attempt, given the piety that Huckabee likes to portray. Debasing religious conviction to get out of copyright infringement is stunningly shrewd, even to a devout secularist such as myself. Especially when Huckabee could have simply found a band willing to give permission for the use, setting up some kind of God v. Copyright showdown seemed slimy.

But that’s what the former candidate chose to do, which brings me to this strange string of words I never thought I’d put in this particular order: God lost to copyright.

Failed presidential candidate Mike Huckabee is paying $25,000 for playing “Eye of the Tiger” at a rally last year without the band’s permission, CNNMoney has discovered. Huckabee never paid for the rights — so his campaign got sued for copyright infringement. He recently agreed to a confidential settlement with Rude Music. That company is owned by the Survivor guitarist who cowrote the song, Frankie Sullivan.

The claim that the rally was a religious gathering and not connected to the Huckabee campaign reportedly fell apart because he had listed the rally as a campaign expense on his records. Interestingly, despite Huckabee’s claim that it was not a campaign event, that it was so will allow him to use his campaign’s warchest to pay off the settlement.

And thus comes to an end a politician’s campaign infringing on copyright and trying to invoke religion to get out of it. Thy kingdom come…to a settlement with an 80s band, apparently.

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Comments on “Mike Huckabee Settles For Five Figures With Survivor Over Copyright Infringement”

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31 Comments
mcinsand (profile) says:

Re: Thank you, RainbowboomX

Thank you for pointing out what I was coming to say. We do not have to choose between a belligerent buffoon and a pathological liar & crook. There are at least two other parties, and we can vote for principles instead of an empty brand name. I’ve got enough years to be getting close to old buzzard territory, and I have been hearing all of my life that, if we vote for a third party, then we will just be supporting a spoiler. However, the duopoly system is broken. Look at the past two administrations: pork-laden stimulus packages, unfunded entitlement expansions, and endless discretionary wars overseas.

One of the two major parties will almost definitely win this election, and I really don’t think that which one matters. Neither will get any cooperation from Congress and Senate, so both will be hobbled. However, if enough of us do vote for other parties, then they will start to receive more funding and visibility.

K`Tetch (profile) says:

Could come back to haunt him again

Interestingly, despite Huckabee’s claim that it was not a campaign event, that it was so will allow him to use his campaign’s warchest to pay off the settlement.

That he reached a settlement does not automatically make it a campaign event. Interestingly, since he’s using campaign funds to pay off an event he’s stated repeatedly (and quote from page 6 of his court filing in doing so)

The assembly in support of Mrs. Davis was not organized, advertised, or promoted as a Huckabee for President campaign event. No Huckabee for President campaign signs were present at the assembly or visible in news reports of the assembly. Mr. Huckabee appeared at the assembly without as much as a campaign button. Mr. Huckabee spoke instead of God, religion, Mrs. Davis, the role of the courts, and the U. S. Constitution. Moreover, Mr. Huckabee explicitly proclaimed that his message was non-partisan and was not in support or criticism of any major political party.

I don’t think the FEC is going to be too happy with him using campaign funds to pay for an event that’s been emphatically denied to be a campaign event in court motions. Now, had it gone to court, and a finding of fact happened that it was a campaign event, then that’s one thing. However, as it’s just a private settlement, then legally Huckabee still classifies it as a non-campaign event, and thus he’s misusing funds.

He may face charges from misuse of funds as a result. You can’t (as far as I know) make legal claims an event is not a campaign event in a lawsuit, then come to a private settlement and benefit from claiming it’s a campaign event. You don’t get to switch between them at will when it best suits you. Either he Perjured himself in his filing, or he’s committing election finance malfeasance.

Hope he knows how to pray….

That One Guy (profile) says:

Re: Sooo

What article did you read, because it doesn’t seem to have been the one I did.

The article has nothing to do with ‘defending’ copyright or it’s use, and everything to do with pointing out that Huckabee’s attempt to defend his use of a song without paying the fees for doing so failed spectacularly, in large part due to his own claims/actions elsewhere.

Anonymous Coward says:

“setting up some kind of God v. Copyright showdown seemed slimy”

It just seemed that way? Did God petition to appear? If not it seems like a minor oversight compared to running the universe, but still sloppy.

K’Tetch wrote: “He may face charges from misuse of funds as a result. You can’t (as far as I know) make legal claims an event is not a campaign event in a lawsuit, then come to a private settlement and benefit from claiming it’s a campaign event. You don’t get to switch between them at will when it best suits you. Either he Perjured himself in his filing, or he’s committing election finance malfeasance.

Tsk, tsk, sir you are a doubter. Huckabee is sure to portray this as yet another instance where Bad Things Happen to Good People. God is with him, mere human laws are sent to let us all be victims of persecution and to gather in the votes of a righteous populace (and the judges they elect or otherwise appoint by blessing of a beneficent Lord, or as Mama June would say ‘the sketti monster’ where sketti is sketty & ketchup). Get with the program son, or you will never be in charge of this charming Southern town.

PaulT (profile) says:

Re: Re:

“Huckabee is sure to portray this as yet another instance where Bad Things Happen to Good People.”

Well, the original story was about him portraying a woman being criticised for literally refusing to do her job as some kind of victim of religious persecution, so no doubt he’ll find some way to spin it. The only problem is how many people are stupid enough to buy it.

AnonJr (profile) says:

The claim that the rally was a religious gathering and not connected to the Huckabee campaign reportedly fell apart because he had listed the rally as a campaign expense on his records. Interestingly, despite Huckabee’s claim that it was not a campaign event, that it was so will allow him to use his campaign’s warchest to pay off the settlement.

If it’s a campaign expense, and ruled as a part of his campaign, would he not then be able to counter-claim that it is therefore covered under the blanket licencing he most likely had?

And thus comes to an end a politician’s campaign infringing on copyright and trying to invoke religion to get out of it. Thy kingdom come…to a settlement with an 80s band, apparently.

If we’re going to throw a bit of bible in there, I think the more appropriate one would be:

Do not be deceived: God is not mocked, for whatever one sows, that will he also reap.

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