Huckabee settles 'Eye of the Tiger' copyright suit, seeks approval of legal defense fund payment | Arkansas Blog

Monday, May 16, 2016

Huckabee settles 'Eye of the Tiger' copyright suit, seeks approval of legal defense fund payment

Posted By on Mon, May 16, 2016 at 11:11 AM

COSTLY APPEARANCE: The music played for a Huckabee event with Kim Davis has produced a court settlement of a copyright infringement claim. - TWITTER
  • Twitter
  • COSTLY APPEARANCE: The music played for a Huckabee event with Kim Davis has produced a court settlement of a copyright infringement claim.

Carrie Levine of Public Integrity has unearthed a Federal Election Commission filing that says Mike Huckabee's presidential campaign has agreed to a settlement of a copyright infringement suit for his use of "Eye of the Tiger" at a campaign event featuring Kim Davis, the Kentucky court clerk who resisted issuing marriage licenses to same sex couple. But he wants a legal defense fund to pick up some of the tab.

Huckabee was sued by Frank Sullivan III, co-author of the song and a member of the band Survivor that recorded the "Rocky III" hit song.

A letter from a Washington law firm says:

On November 18, 2015, Rude Music, Inc. filed a copyright infringement lawsuit against the Committee in the United States District Court for the Northern District of Illinois. The complaint alleged that the Committee had violated federal copyright law, in particular 17 U.S.C. $ 501, by playing the song "Eye of the Tiger" at a campaign appearance on September 8, 2015

The complaint sought injunctive relief and an award of monetary damages. The Committee has been represented by other counsel in that litigation, and it has incurred costs in the form of attorney's fees and related expenses. The Committee and the plaintiff have settled this lawsuit for a sum certain, personally guaranteed by Governor Huckabee, with each party bearing their own costs and fees.
The law firm said it is already established law that a legal defense fund can be used to pay legal expenses incurred by campaigns. It asks for an opinion on whether that fund may also be used to "pay the cost of a portion of the settlement of the copyright infringement lawsuit against the Committee?" Preliminary responses from the FEC seem to indiczte this is possible.

In January, Huckabee tried to defend the playing of the song in a court filing by saying the event was a "religious assembly," among other arguments that copyright law didn't apply.

Federal court records indicate the case was dismissed May 6 on agreement of the parties, but the records don't reflect the terms.

A similar lawsuit against Newt Gingrich for use of the same song was settled in 2012 for undisclosed terms.

Tags: , , , , ,

From the ArkTimes store

Favorite

Comments (13)

Showing 1-13 of 13

Add a comment

 
Subscribe to this thread:
Showing 1-13 of 13

Add a comment

More by Max Brantley

  • Turkeys rescued in Yellville enjoy their Thanksgiving

    Farm Sanctuary, an animal protection organization, sends word that four turkeys rescued from the Yellville Turkey Trot after the annual drops from buildings and an airplane will enjoy Thanksgiving in friendlier places
    • Nov 23, 2017
  • More criticism of UA proposal to change tenure policy

    Reason is among the latest to offer critical commentary of a proposal from University of Arkansas System lawyers to change the tenure policy so that a lack of collegiality could be used as a justification for firing a tenured professor.
    • Nov 23, 2017
  • The Clintons

    I wasn't particularly excited about the 25th anniversary celebration of Bill Clinton's election. Life goes on.
    • Nov 23, 2017
  • More »

Readers also liked…

  • IHOP coming down, but .....

    I always scan the Little Rock City Board for items of interest this week and this one caught my eye: A zoning measure required by a proposal to tear down the IHOP at Markham and University.
    • Apr 30, 2016
  • Today in Trump: Obstruction of justice anyone?

    It's the New York Times with the news today. Fired FBI Director James Comey kept notes of his talks with Donald Trump. A memo he wrote in February after a meeting with Trump said the president asked him to shut down the investigation into Michael Flynn, his former national security adviser.
    • May 16, 2017
  • Saturday's open line

    Got any thoughts? Put them here.
    • May 21, 2016

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation