Sisters Ann and Nancy Wilson, the core of veteran Pacific Northwest rockers Heart, have issued a cease-and-desist notice to the McCain/Palin campaign for using their ‘70s classic “Barracuda” twice during the Republican National Convention. "I think it's completely unfair to be so misrepresented," Nancy Wilson told Entertainment Weekly. "I feel completely fucked over."
In a joint statement, the sisters remarked how "Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image...[It] was written in the late '70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women...There's irony in Republican strategists' choice to make use of it there."
Like Van Halen, whose “Right Now” was also used by the McCain campaign during the RNC, the Wilson sisters state they were not asked in advance about using the song and would not have granted such permission, regardless.
So, here’s our question: is that it? The usage has already been made. What recourse is there besides preventing future use of a given song? And even if that is sidestepped by the offending party, can the songwriter/publisher sue? And on what grounds?
Any entertainment lawyers out there?