Political Hotsheet
By

Brian Montopoli /

CBS News/ January 30, 2012, 6:38 PM

Newt Gingrich sued for use of "Eye of the Tiger"

A lawsuit was filed against Republican presidential candidate Newt Gingrich on Monday for his use of the song "Eye of the Tiger," by Survivor, during campaign appearances.

The lawsuit, which is here, was filed in Chicago by Rude Music Inc., which is owned by one of Survivor's founding members, Frank M. Sullivan III. Sullivan co-wrote the song, which was the theme of the movie Rocky III and became a #1 hit in 1982.

The suit says Gingrich violated copyright by using the song in appearances dating back at least to 2009, including in appearances at campaign events and at the Conservative Political Action Conference. CPAC is hosted by the American Conservative Union, which is also named in the lawsuit.

Hotsheet can confirm that Gingrich emerged to the strains of "Eye of the Tiger" at last year's CPAC and at campaign events this month, among other events. (See video of his CPAC 2011 appearance at left; you can hear the song as he emerges.)

The lawsuit - which says "Mr. Gingrich is sophisticated and knowledgeable concerning the copyright laws" and notes the former speaker is the author or co-author of more than 40 copyrighted works - seeks a court-ordered ban on Gingrich using the song as well as "damages in an amount to be determined by the Court" from Newt 2012 Inc.

Sullivan is not the first musician to complain about a politician's unauthorized use of a song. David Byrne sued former Florida Gov. Charlie Crist for $1 million for using the Talking Heads song "Road to Nowhere" (Crist agreed to make a public apology); Jackson Browne sued John McCain for using his song "Running on Empty"; and Tom Petty issued a "cease and desist" letter to Michele Bachmann for use of his song "American Girl," as well as to former President George W. Bush for Mr. Bush's use of Petty's song "I Won't Back Down." 

© 2012 CBS Interactive Inc. All Rights Reserved.
49 Comments Add a Comment
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Speedy-Cerviche says:
He didnt make any profit off of its use, he never claimed to own it. I dont see what the problem is. If Im at work and I turn on the radio and there is music playing while I do my job, am I in breach of copyright law? People will use any excuse to try to extort money, what a grand country the USA is.
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moshe05 says:
because conservatives grow up having everything given to them. it just seems natural.
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w_roos says:
Hey Newt, free enterprise don't mean free of charge. Pony up, if you aren't already bankrupt, that is.
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rockerfangirl says:
The thing that people seem to forget is that it's not about politics. Has Frankie Sullivan mentioned anything about what party he is a member of? It's about not having permission. check out his response on twitter @survivorband
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Suzanne2012 says:
did everyone hear about newts security guard purposely stepping on the kids foot...NEWT IS A FAT PEICE OF ****.............
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Xeppo says:
I think he is being like his favorite presidient, ronald Reagan. Wasn't reagan sued by john mellencamp for using "pink houses" on election ads
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bcpats says:
Gotta wonder if Obama used the song if he'd be sued. I doubt it.
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abbe91 replies:
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Did he ? No ...
Try again ... Looks like it's always republicans.
rockerfangirl replies:
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well the same thing happened with obama when an artist asked him not to use the song and he didn't use it. guess Obama knows copyright law. survivor tells the truth on twitter @survivorband
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longtree-2009 says:
didn't bill clinton use the song, don't stop thinking about tomorrow, by fleetwood mac? grandfather seems to recall that bill clinton did but fleetwood mac never complained so guess the clinton campaign paid the necessary royalties. don't understand why any politician has to use a song not specifically written for a campaign.
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Wizstars replies:
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he had permission. Fleetwood Mac even re-united to perform at some of his concert events. Big diff between using w/ permission & stealing. Newt is stealing. But he's used to it--that's part of why he was thrown out of the Speakership.
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omnibus66 says:
Too bad Newt is not a web site. If he were, the DOJ would take him down and erase his memory.
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facelessdrone2005 says:
Why is it that EVERY SINGLE ONE of these copyright infringers is a Republican? Are they all stupid cheaters? After all, they're stealing from liberal Democrat musicians who are bound to sue them. Would it be so hard to buy the rights up front? Or, surely there are Republican musicians they can steal music from?
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bcpats replies:
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If and Democrat was to use it....... it wouldn't matter..... it's just be helping their fellow Liberal. They may try to use it as a 'donation', though :))
abbe91 replies:
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You can always try with your "if" ...
If a democrat had invaded Iraq under false claims ...
If a democrat had caused the 2008 economy crisis ...
and on and on ...
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