One of the members of the band Survivor has sued Newt Gingrich and his campaign for unauthorized use of the song “Eye of the Tiger” at campaign events.
The suit, first reported by TMZ, is only the latest litigation that musicians have taken against candidates, typically Republicans. During the last cycle, Jackson Browne sued the McCain campaign over the use of his music in a commercial spot, and Tom Petty’s attorneys sent Michele Bachmann’s campaign a cease and desist letter last year demanding that she stop using “American Girl.”
This is also not the first time that Gingrich has been hit with legal threats: Last year, an attorney repping Steve Perry of Journey sent Gingrich’s campaign a cease and desist letter to get them to stop playing “Don’t Stop Believin.”
Although campaigns typically argue fair use and that they have obtained a blanket ASCAP license, performers have also tried to pursue the argument of false endorsement.