Friday, April 22, 2011

David Byrne: A Little Less Talking, A Lot More Use Of Your Head


Last week David Byrne of the long-gone-new-waved band “Talking Heads” received a somewhat half-assed and distracted online apology from former Florida Governor, Charlie Crist.  As it turns out, Crist used the song “Road to Nowhere” (a great lyrical choice to kick off your run for office, by the way) as his campaign theme when attempting to switch from Republican Governor to Independent Senator in 2010.  Crist used the song, but never obtained a license to do so.  Byrne, unlike most songwriters, artists, actors, poets, writers, journalists, MSNBC employees, thespians, entertainers, producers, directors and MSNBC employees, is shockingly, some type of liberal or something.    Crist, who was then whisked off to court, lost the case and was ordered to issue an apology as part of his restitution. 

We all get this, right?  Someone running for office wants to make sure they have a hook for their campaign, so they sit down with their planners and pick out slogans, strategies and songs to promote their new political direction.  Crist, who was 25 when the song was still retrievable in tangible form, probably grew up being a fan of the band and it all seemed like an easy fit. 

But, it’s not that easy.  In fact, Byrne and Crist are both wrong, and Crist was taken advantage of like an Uno player with one card left forgetting to call out “Uno”, first.

Music copyright laws are set up to protect artists so that they are compensated for the songs they create.  But what most of the articles written on this story fail to recognize is that to protect the artist’s work, it is legally allowed to be used by ANYONE!  No if’s, and’s or but’s.  If someone wants the license, they are legally entitled to it.  Crist’s main mistake was that his campaign wasn’t diligent enough to obtain or even attempt to obtain a license for the song.

It doesn’t matter what Byrne thinks or feels he needs in this situation.  Artists have the right to compensation for their work, but they don’t have the right to pick and choose who their fans are, let alone who they politically disagree with that likes them and wants to use their songs.  Selling that song is the reason he published it in the first place. Crist was forced to apologize for not asking permission, when in fact legally, all he didn’t do is fill out an application, and turn it in.  If anything, he should have had to apologize for having awful taste, lack of due diligence and an out-of-touch campaign theme. 

Byrne, after having won the case made the following statement. “It turns out I am one of the few artists who has the bucks and cojones to challenge such usage.”  Cojones? Please.  Byrne is nothing more than an overrated, out of the spotlight,  liberal musician, taking issue with an American conservative politician, yet unwilling to even become a U.S. citizen first.  Byrne, like a mouthy prostitute, should be happy he’s at least getting paid, say “thank you,” and go on his way.  Matter of fact, what if Charlie Crist applied for a proper music license when David Byrne applies for U.S. citizenship? 

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