Another Pop Group Tells Romney to Stop Using Its Song

August 16, 2012, 12:47 pm

By JAMES C. MCKINLEY JR.

Silversun Pickups have demanded that the Romney campaign stop using the band's song “Panic Switch” at political rallies. It is the latest pop group to object to the use of a song at Republican events.

The band sent a formal cease-and-desist letter to the campaign on Wednesday, saying the Republican presidential candidate never sought permission to play the song. “We don't like people going behind our backs, using our music without asking, and we don't like the Romney campaign,” the lead singer, Brian Aubert, said in a statement.

Andrea Saul, a spokeswoman for the campaign, denied in a statement sent to CBS News that the song was being used regularly at campaign stops.  She said i t had been used inadvertently during one event in North Carolina before the candidate arrived.   She argued that the campaign had a legal right to use the song under its blanket licensing agreements with the two main public-performance societies, BMI and ASCAP, which pay royalties to members.

“As anyone who attends Governor Romney's events knows, this is not a song we would have played intentionally,” she wrote. “That said, it was covered under the campaign's regular blanket license, but we will not play it again.”

A publicist for the Silversun Pickups said the band does not agree that the use of the song is covered under the blanket licenses.   Copyright experts say such licenses, usually bought by restaurants and other businesses that play recorded music, do protect the campaign from many copyright complaints, but a politician can still be sued under the federal trademark law for false advertising if the use of the song implies that the musician ha s endorsed the candidate.

It was not the first time this campaign season that musicians have asked Mr. Romney to drop their songs from his play list.  Earlier this year, the rapper K'naan had a similar tussle with the Romney campaign over the use of his song “Wavin' Flag” at a campaign rally.  Mr. Romney had better luck with Kid Rock, who gave the Republican presidential nominee his blessing to use “Born Free.”