Ah, this old chestnut. What do you do when you discover a politician whose very existence makes you want to vomit is using one of your songs as a rallying call? Generally, nothing. Because current copyright laws don't provide any protection. Though some strategic investment of royalty income may provide some ethical compensation.
Rock band Heart have confirmed they are taking legal advice after slightly strange US Republican Vice-President candidate Sarah Palin used one of their songs at last week's Republican Party rally. John McCain's running mate used the Heart song 'Barracuda' during her appearance at the Republican National Convention, a reference to her school nickname of 'Sarah Barracuda'. But Heart singers Ann and Nancy Wilson aren't happy about their song being associated with the right wing presidential hopeful, and have sent a cease and desist letter demanding the political party stop using it. They added that: "The Republican campaign did not ask for permission, nor would they have been granted permission".
But a spokesman for the party says they properly licensed the song for use at the Convention. The party's Brian Rogers told Reuters: "The McCain campaign respects intellectual property rights. Accordingly, prior to using Barracuda at any events, we paid for and obtained all necessary licences".
They are probably right, because it's not the first time artists have found political parties can legitimately use their music at political rallies under a basic blanket public performance licence - ie without having to consult either an artist or their label.
But there is, perhaps, a way for artists to get even. One of the song's co-writers, Roger Fisher, who will receive a royalty for the song's airing at the convention, initially took a different stand point to his former band mates, saying he was "thrilled" with the "ingenious placement of a kick-ass song". But he later added, when speaking to Reuters, that he would nevertheless support Democrat Barack Obama in the forthcoming US elections, and that he planned to pass any monies he earned from the Republican's use of his song to Obama's campaign fund, so that "with my contribution to Obama's campaign, the Republicans are now supporting Obama". Which, it has to be said, sounds like a much more fun way to dealing with the problem that issuing a cease and desist of questionable legal authority.