"Pull My Band's Song From Rush Limbaugh" Um, No.
Rush Limbaugh is apparently a radio host who likes to bash young, female college students. Especially those who are not in office (or running for it), merely to ridicule and sell more ads, and make more money. Recently, one of his rants caught fire in the public square and was particularly aggregious. Since we now live in the YouTube age, people not only read what he said, but also could watch him say it - as it was recorded.
This also meant that the video would show the bumper music (tunes played as a show comes back or throws to a commercial), and that music was "Sledgehammer" by Peter Gabriel.
Here's the video so you can hear the song:
So, it started with Peter Gabriel. He demanded his song be pulled from Rush Limbaugh's show.
And then Rush (the band) joined in just for irony's sake, and then Rage Against the Machine, and then The Fabulous Thunderbirds ? What, the Fabulous Thunderbirds? Really, Jimmy? Are you guys still a band? But I digress.
All of these bands DEMANDED that their song be "pulled" from the Rush Limbaugh show, that they are in no way affiliated with him and their music should not be used to espouse a political belief. Sounds good right? After all didn't so and so get that one candidate to stop using their song on the campaign trail? Yes, they did.
Surely the producers of Rush's show must comply, especially if they get a cease and desist citing copyright degradation, right? Wrong.
I get it if the public at large doesn't understand why this is a ludicrous though, I even can let a few journalists slide for not knowing about copyright (even though many of them have radio shows). But it saddens me that these musicians and their managers don't understand one of the simplest pieces of copyright that gets used every day, and how it works. All great bands to be sure, all with the right intention of separating themselves from the fracas, but perpetuating the "Stupid" stereotype of musicians and songwriters.
Stick with me, here comes the boring old music publisher- inside musicbiz bullshit I'm known for. But if you read nothing else.. read this next paragraph- at least to be able to argue with your co-workers intelligently.
It's called a "blanket license." All radio stations have them. When a song gets played on a radio station, it's called a "public performance" and those are administered by Performing Rights Organizations (PRO). The U.S. has three PROs - SESAC, BMI and ASCAP. Songwriters and publishers join these organizations and place their music catalogs with them to administer the public performance right in their copyright. So, if you want to broadcast (radio especially) you must pay all three of these organizations a yearly fee (and do some other stuff) to cover all of the performance fees. These fees are for the number of plays, got a hit song crushing the airwaves, you're gonna make more.
But, let's be clear, no radio station is paying to license any particular song. They are paying to license the PRO's catalog. All of the songs, even the bad ones are included in that- hence the term "blanket license" as in covers it all. As long as the stations pay their fees, they can play whatever they want. <Another Post.>
These fees are then split up and distributed to songwriters and publishers by what can only be described as a convoluted, magical-fairy-dust mathematics that is unclear, and unfairly pays independent artists. <Another Post.>
So, why is this? Well, otherwise, you would have to have every songwriter and every publisher call thousands of radio stations, each with different accounting and monitoring methods and do direct licensing. What a mess. So, in short, this is the system we have. No one song gets paid for, all of them are paid for in one fee.
To the question at hand- No, Rush doesn't have to take off Peter Gabriel or The Fabulous Thunderbirds, and Rush (the band) is lucky he doesn't sue them <he was born as Rush before them. HA! He doesn't have any legal obligation to do so, because he is not licensing their music, he is under a "blanket license: for the whole catalog of songs.
No, they can't legally remove their songs from his show. There is one way, I have not heard it talked about, but it is possible... if they quit their PRO. And as someone who quit ASCAP as a writer, it took me 3 years and it's actually still not finished, so fat chance. The only way this gets done is if one of the PROs decides to deny Rush a license. I doubt it. this is where you make you money as you can't tour.
But, good for them for speaking out. that was the right thing to do. I wonder if they ever hear the other ads around their songs on clear channel? Hmmmm, think about it. Really, the only thing they can do is try to shame the producers into not using those specific cuts on this specific show. And that's what this is really about.