Limbaugh Loses Show Music Over Remarks

    March 7, 2012
    Mike Tuttle
    Comments are off for this post.

Rush Limbaugh has been using bumper music from Canadian band Rush and British singer Peter Gabriel for years to ease the show in and out of his ever-decreasing commercials.

No more.

When Limbaugh told Sandra Fluke and “the rest of you feminazis” that he wanted to see videos of them having sex if they were going to get insurance coverage for contraception, he was played in by Rush’s “The Spirit of Radio”.

Now, the band’s legal representatives have sent a cease and desist letter to Limbaugh, demanding that he stop using their music:

The Rush Limbaugh Show 1270 Avenue of the Americas New York, NY 10020 RushLimbaugh.com Premiere Radio Networks.

Ladies & Gentlemen:

I am the attorney for Rush, their management company, S.R.O. Management Inc., their music publishing company, Core Music Publishing and their record company, The Anthem Entertainment Group Inc.

According to media reports, Rush Limbaugh, Premiere Radio Networks and The Rush Limbaugh Show have been using Rush’s recorded music as part of what is essentially a political broadcast.

The use of Rush’s music in this way is an infringement of Rush’s copyrights and trademarks. The public performance of Rush’s music is not licensed for political purposes and any such use is in breach of public performance licenses and constitutes copyright infringement. There are civil and criminal remedies for copyright infringement, including statutory damages and fines.

(see sections 501-513 of Title 17 of the United States Code http://www.copyright.gov/title17/92chap5.html)

In addition, the use of Rush’s music in this manner implies an endorsement of the views expressed and products advertised on the show, and is in breach of not only copyright and trademark rights, but also, of section 51 of the New York Civil Rights Law (excerpt attached).

Accordingly, we hereby demand that you immediately stop all use of Rush’s music and confirm that you will do so.

Yours very truly,

Robert A. Farmer

Director of Legal Affairs

S.R.O. Management Inc.,

Core Music Publishing

The Anthem Entertainment Group Inc.

When Limbaugh called “Susan [sic] Fluke” a “slut”, he was played in by Peter Gabriel’s “Sledgehammer”.

People started to associate the song with the comments.

Every time I hear #Limbaugh‘s “slut clip”, I wonder how Peter Gabriel feels about being the soundtrack(image) 1 day ago via txt ·  Reply ·  Retweet ·  Favorite · powered by @socialditto

Peter Gabriel then had this posted on his Facebook page:

Peter GabrielPeter Gabriel has asked that this response be published when he found out that his track ‘Sledgehammer’ has been used on the Rush Limbaugh show:

‘Peter was appalled to learn that his music was linked to Rush Limbaugh’s extraordinary attack on Sandra Fluke. It is obvious from anyone that knows Peter’s work that he would never approve such a use. He has asked his representatives to make sure his music is withdrawn and especially from these unfair aggressive and ignorant comments. ‘

  • marvin nubwaxer

    how did he get away with using copyright material for so long? something seems suspicious here–like he was paying royalties all along until the copyright holders decided they wanted out.

    • Azalea

      That’s most likely what it was. They probably didn’t care until their music was specifically linked with ignorant comments.

    • Andrew

      Most major radio networks (like ClearChannel) posses licenses from artists to play their music over the radio (which is why music stations can play music.) From the letter, it would seem that ClearChannel’s license to broadcast Rush’s music either explicitly forbade the use of the music in a political context or didn’t explicitly allow such. It may also be the case that the license grants Rush the right to forbid the use of their music in specific contexts.

  • Mike

    Limbaugh needs some fresh bumper music anyway. All this hype and crap from the left when they completely ignore the vile vitriol coming from their side of the political spectrum. Freedom of speech only counts for vile scum like Bill Mayher, Roseanne Barr, Ed Schultz, Matt Lauer (just to name a few) because their “hate speech” is protected for the sake of the leftist agenda.
    If Sara Palin had testified before a congressional committee and said the same things Sandra Fluke said, she would have been called much worse.
    So… what do you call an unmarried woman who has so much sex that she needs public assistance to pay for her contraceptives? Rush Limbaugh was spot on!

    • Alan

      A citizen.

    • Andrew

      The Freedom of Speech protects the right of an individual (such as Mr. Limbaugh) to express his opinions without fear of government reprisal or criminal prosecution. It does not protect him from the ramifications of his speech, the reaction of the public to his speech, or from being subjected to civil penalties when his speech impinges upon the rights of another. To disagree with, or even to take lawful, noncriminal action against, Mr. Limbaugh for his childish and malicious speech constitutes an exercise of free speech on the part of the listener.

      Mr. Limbaugh is not a victim here; he brought upon himself all the negative publicity and accompanying financial losses (lost advertising) and therefore has no one to blame but himself.

      He cannot claim that his rights are being trodden upon just because people don’t agree with him. Likewise, he has no grounds to complain when his own words cause normal human beings (and advertisers) to distance themselves from him.



    All of us make choices everyday that have a Major IMPACT on Our Country.. Our World.

    Our Children and Grandchildren are always watching us to see how we treat each other when we disagree with each other.


    THAT WE NEED TO FIND AGAIN & Start Using, when we disagree with someone, especially Publicly & Especially when disagreeing with the Highest Commander In Chief In America..

    The words that I never see spoken Publicly anymore when someone disagrees with someone else NOW DAYS Are;


    We Can choose to be Part of the PROBLEM or Choose to be Part of the SOLUTION this is up to Each and everyone of us “OUR CHOICE”


    Finger Pointing, Disrespect, Lack of Team Work, Lack of Respectful Communication, we do this Privately and Publicly but PUBLICLY DAMAGES AMERICANS and Especially OUR NEXT GENERATION..OUR CHILDREN..THER CHILDREN, AMERICAS FUTURE.


    Respect Each Other Using AMERI-Can Do Attitude and Team Work To Solve Our Problems Utilizing Respectful Communication;


    What ever choices we make Impact “OUR CHILDREN, OUR GENERATION, THE NEXT GENERATION & THE WORLD ! !

    I choose to be “Part of the Solution” always trying my best to use Respect as my Guideline to follow at “All Times Publicly” it’s not an easy Choice to make at times but it is; “THE RIGHT CHOICE TO MAKE FOR AMERICA & OUR CHILDREN’S FUTURE”

    Respectfully, Michael V. Caldwell,

    “Always Striving To Be Part Of The Solution” Using Respect, AMERI-CAN-DO Attitude as my Guidelines to follow “At All Times.. Especially Publicly”

  • knight4444

    some of these comments are ridiculous! freedom of speech? the numb skull republicans just don’t get it hate speech should not be tolerated. republicans are so dense! yes your free to say whatever you want, but your average republican which is usually your WHITE- MALE- SOUTHERN OR SOUTHWEST- COWBOY WANNABE. listen buckaroo you have free speech but you have to take responsibility for your words, how can a human being be so ignorant and not understand that basic idea??? wow and republicans can’t understand why so many rational people call them stupid, archie bunker wasn’t just a television character lol

  • Linda McCoy

    I wonder how many of you were listening to Rush and how many are listening to the hype. An incident took place a few years ago, claims made that Rush called our soldiers in Iraq phony. This was taken to the floor of the Senate by Harry Reid, Hillary Clinton as well, and turns out, they were wrong. In fact, there were callers to Rush’s program who were claiming to be soldiers against the war, who were not in the military at all, and so were, just as Rush said, phony soldiers. Some on the Left ate crow for that. Are you who are so upset by this controversy listeners of the program, or just parrots. Check out the transcripts and see what Rush was saying, then try again to get this right, okay.

  • Rick

    If Rush did not use these past no name artists we’d forget them altogether