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Sour note?

By Hoskins, Michael W
Publication: Indianapolis Business Journal
Date: Monday, March 17 2008

While this may be "Our Country" and you may have been "Born in the U.S.A.," that doesn't mean you can use those tunes in political campaigns without venturing "Into The Great Wide Open" of intellectual property law.

Political candidates have been discovering this truth for decades as they've

used musical hits at political rallies and campaign events, including the 2008 presidential election season. Wherever people gather to cheer on a candidate, there's usually a chart-topping song blaring in the background to warm up the crowd and send a message.

But Hoosier attorneys practicing in the intellectual property realm say candidates should be more aware of their song choices because the issue boils down to more than the toe-tapping beats or catchy phrases that go along with the music.

Artists who don't want a particular candidate using their music might have a legal remedy thanks to copyright law and rights to publicity, though IP attorneys quickly point out that the First Amendment could be the principle that puts a damper on any artists' legal objection.

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