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.
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.
#Limbaugh's "slut clip", I wonder how Peter Gabriel feels about being the soundtrackEvery time I hear
Peter Gabriel then had this posted on his Facebook page:
Peter 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. '