Members of the band Survivor have indeed filed a $1.2 million lawsuit against Kim Davis and Mike Huckabee over the unauthorized use of its 1982 hit song “Eye of the Tiger.” The song played in the background while the antigay twosome delivered speeches at a rally as Davis was set free from jail Tuesday.
“The song has motivated thousands through the years to reach beyond their limits,” band co-founder Jim Peterik told Billboard. “Its use for the release of Kim Davis does not support my views or my politics.”
PREVIOUSLY:
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
The video of antigay Rowan County Clerk Kim Davis delivering her speech upon being released from jail has Survivor’s “Eye of the Tiger” blaring from speakers in the background, apparently attempting to give the impression that Davis was rising to victory from the ashes of defeat.
Phooey.
We prefer to associate the song with Rocky Balboa since the anthem was recorded by the band Survivor for 1982’s boxing epic Rocky III. We’re not alone. A note posted to the band’s Facebook page makes it clear that members did not approve the use of the smash it for the Davis spectacle.
Now TMZ reports that band members are not only irate to be linked with the notorious K.I.M. and evangelical GOP presidential hopeful Mike Huckabee, but they’re considering taking legal action.
Related: Kim Davis Leaves Jail, Gives “God The Glory,” Poses With Mike Huckabee
Bryan Sims
ð???
Robert Hillyer
Oh, when will they ever learn to ask permission!
James Lyman Johnson
Good, I hope they do.
Hector Pagan
Wow I hope they sue wth that song does not ever be used with her ð??¡ð??¡
Cindi Salas Asuncion
That would be great if they sued and won.
Londale Foster
She will be back in jail on Monday…
Walter Butscher
Yes. Do it!###
Louis Goodrich
Yes, I’ll never listen to that crap song again because it was used at a quasi right-wing religious/political rally. And I assumed that Survivor was indirectly endorsing the political views expressed.
Because I’m just a big ol’ dumbshit.
Desert Boy
Good! Emails to Survivor’s management worked! Woo Hoo!
Michael Feather
Do it ^.^
Mark Pointon
HAHAHAHA!!!
Judy Rae Jackson
I hope they sue & win.
Scott Groves
I will not give this waste of air another thought! The more we keep talking about her and her cronies, the more power we give them! This bitch is not worth my time.
Cielo Perdomo
GOOD! Don’t give that fucking bitch ANYTHING!
Jane Cain
I read the bible. When folks sacrifice for God they lose a lot of weight and don’t come free with cheering crowds. They come out skinny and haggard. They face jeering crowds not cheering crowds. No God lesson here!
Sheryl Mcallister
Good take her down. They should have asked for permission first.
Joe Battaglia
Oh man if they do file charges hee and Mike will be in the poor house by the time there done
Allan Gray
Sue the bitch
Frederick Charles Crisafulli
Suing is good, God said so!
Timothy Gordon
Roflmao!
William Thomas Bramlett II
Need to praise jesus you don’t meet us Ina dark ally!
Paul Reeves Leopard
Here’s your answer, Lara!!!
Kenny Jones
The only ‘music’ that should be playing at a Kim Davis rally:
https://www.youtube.com/watch?v=dJnklyxbcL8
Brian
And what has Survivor ever done for gay rights? The sound of crickets chirping?
Dave Mastrangelo
Sean!
Jerome Fitzgerald
Please do!
Lu Donadio
Looked like a klu klux klan rally ð???ð??©ð??©ð??©ð??©
Joey Martina
It was really wierd when i heard that start playing then she came out lookin all nasty These christians are really proud of thier hate and bigotry
Clark35
@Scott Groves: Exactly.
Ton Saeliew
Hold the phone! That was the actual music they played? LOL. Here I thought it was just some tasteful editing.
Myk Gonzales
Geo Kas
Dean Long
Charge her royalties for broadcasting lol
Bruce Maynard-Holly
They need to sue her to prove a point. That know one wants to put up with ungodly christains like her.
Finrod
@Robert Hillyer: “Oh, when will they ever learn to ask permission!”
Who needs the law when you’ve got God? Clearly Jesus told Ms. Davis to play it, so that resolves all possible intellectual property issues.
Troy E. Pelaar
I hope they sue the hell out if her and her cronies!
Richard Weaver
Do it!
Betsy Dooner
wow just wow
onthemark
@Louis Goodrich: There’s plenty of legal precedent in this area – for instance this is why Chris Christie can’t ever use Springsteen music. (Reagan long ago used Springsteen music & was forced to stop doing it.)
o.codone
Survivor’s Senior Living just said that Survivor will all be dead in another week or two, so let it go.
Rick Holtz
Throw this fat bigot back in jail! She’s a serial adultress, a “faux Christian” and a thief. Hope she rots in Hell.
Rick Jones
Vanessa Forbes
Do it! Have her served while she is being picked up by the US Marshalls for being an idiot…..again.
Londale Foster
Do u think her refusing others will get her to heaven? Judging others will get u to hell…Jesus denied no one, so, what gives this Bigot the right to deny others in the name of Jesus????
Joey Nesbitt
Maybe she’s the “Eye Of The Serpent” but definitely not the Tiger. That is definitely US â¤ï¸
Chuck Veit
Good they should
Creig Stearne
Sue and give money to a gay charity
Dennis Johnson
I hope they do. If I were them – I wouldn’t want to be associated with that BEE-YATCH!
Will Glitzern
I love Survivor
Bryan Blackman
She is ignorant judgemental and self righteous. Go back to jail
Sidney Davies
Do it!
jwtraveler
The celebration of hatred and intolerance is sickening. It’s reminiscent in spirit, if not intensity, of the segregationists of the 50s and 60s.
Jack Anthony Owen
This white trash Will be back soon where she belong!
Craig Christley
Queetry, Your selling out by passing this along as a “real” story! come on now, there has to be at least one intelligent person on your staff! So, you are confirming by reporting on this that in this country a county clerk can refuge to do their job and as part of reprimand, you are put in jail! I DON’T THINK SO, ITS CALLED, YOUR FIRED THAT IT!
Jeff Sweet
Awesome ! Sue sue sue !
Rob Rick Martin-Chudej
This fat, ugly, cunt from hell is not worth me saying anything!! She is still a sow, ugly, fat among other things…I’m sorry but this post of this cunt is being deleted! I”VE HAD ENOUGH OF HER!!!!
Gregory H. Nazarian
Now people will be sued for back ground music? What happens if a person farts in public? All ridiculous stupidity .
Damon Gonzalez
Lol
Adam Dupuis
her salary is $80k a year. Take it all
Riess Livaudais
Sue the bitch!
Daniel James Michalowski
The wizard of oz’ “if I only had a brain” would have been more appropriate ð???
Scotty Be
Guido Habets
cunt
Christopher Meiners
I seriously doubt she picked it. I think they should redirect the suit towards Huckabee.
McShane
I’m not going to lie, I barely noticed the song. I couldn’t keep my eyes off of that perfectly stereotypical hillbilly husband of hers. I am living for the husbands whole ridiculous outfit. The harmonica bulge in the overalls, the dirty 3/4 sleeve baseball shirt and that stupid fucking John Deere sun visor straw hat. *MUAH* He’s been wearing that same pit stained shirt for four days straight.
Christopher Michael
Sue!!!
Cagnazzo82
He should sue.
They basically perverted the spirit of that song with their despicable hate fest.
Huckabee himself perverted his own religion by using it as a photo-op prop to further his political ambitions. Everyone there was disgusting.
Kevin Gonzalez
This lady is a straight up Asshole
Alan David Smith
she is just the latest of the rights attempt. to use popular culture to her benefit. reagen tried to use born in the usa. in 84. madonnas “papa dont preach”infuriated both sides. and like a prayer. so infuriated the right. pepsi fired her. witch cost them my business for 5 years. so a publicity stunt really. a good question will be how side groups re-act. ion television. witch i believe is supposed to do a marathon of rocky movies sunday. or sylvestor stallone. who if i remember correctly hand picked survivor to do the 2 rocky themes
Billy Budd
Send her back to jail this minute.
Jim Platt
SUE it’s your “religious freedom.”
James R Summers
A pictures is worth a thousand words! This woman and her supporters are an embarrassment to all Americans and human beings who have ever had to fight for their human rights.
William Bryant Jacobs
Give that woman a dildo!
Alex Kyle-Thundershield Simmons
I was SOO waiting for this to happening haha
Jack Walter
Stupid is as stupid does.
DCFarmboy
People have a right to their intellectual property. Kim Davis has violated the 8th Commandment (7th as numbered by Catholics and Lutherans) “Thou Shall Not Steal.” She is a sinner who fails to lead her life according to the requirements of the Christian religion.
ScottOnEarth
The video of that fat bigoted bitch and her bumpkin (4th) husband in his overalls was too ridiculous to contemplate. This woman is HIDEOUS and a complete lunatic. I hope Survivor goes after her miserable, discriminating ass.
John Stone
They should.
NJjoe
Public performance of a song is a no no without permission and worthy of royalties.
They use the song as if she won some sort of fight, a cage fight. Their use of the song is meaningless. I hope Survivor’s team sues the pants off of whoever was responsible for using that song. She makes $80K a year on being a non law biding citizen, she can kick in a few bucks. But if she refuses to do her job, it’s back to jail Kim.
Gary Hecklinger
She has won nothing I don’t know why she is raising and praising lol
Douglas Schlitz
Sue her fat ass off ! Apparently she has no respect for the law at all !
Jeff Scott
MARRIAGE LICENSES CAME FROM RACISM, BIGOTRY & CAPITALISM:
History of Marriage Licenses in America
George Washington was married without a marriage license. So, how did we come to this place in America where marriage licenses are issued?
Historically, all the states in America had laws outlawing the marriage of blacks and whites. In the mid-1800â??s, certain states began allowing interracial marriages or miscegenation as long as those marrying received a license from the state. In other words they had to receive permission to do an act which without such permission would have been illegal.
Blacks Law Dictionary points to this historical fact when it defines “marriage license” as, “A license or permission granted by public authority to persons who intend to intermarry.” “Intermarry” is defined in Blackâ??s Law Dictionary as, “Miscegenation; mixed or interracial marriages.”
Give the State an inch and they will take a 100 miles (or as one elderly woman once said to me “10,000 miles.”) Not long after these licenses were issued, some states began requiring all people who marry to obtain a marriage license. In 1923, the Federal Government established the Uniform Marriage and Marriage License Act (they later established the Uniform Marriage and Divorce Act). By 1929, every state in the Union had adopted marriage license laws.
LadyL
Seriously, Queerty? You’re flagging me again? Is there something you want to tell me?
Desert Boy
I can smell Kim’s nasty pussy through the computer monitor.
libertineman
@Robert Hillyer: Permission doesn’t have to be given if the song is published. All they can do is demand the usual royalty for usage.
Kristopher Saim
Can I love this, infinity?!?!?! Any chance she had to make money off of this nonsense, might be going down the drain.
Fran Holland
Hell, yeah!!!
Hugh Minor
I’m all for suing the pants off this Nazi but many people have used this song at events over the years so the precedent has already been established. Permission to use this song in the public arena is understood. If only they had picked a more obscure song.
Reyna Barroso
Yaaaaasssss ma’mahhhhh!!!!! Yaaaaasssss!!!!!
Geri Landeros
Good…despise this ignorant person. Talk about a bigot
Bob Morrison
They probably won’t see any money. But they will certainly make their point. Just a bit more negative publicity for kimmy
Joseph Shenk
FANTASTIC!!! 😀
Alisha Carpenter
Craig Forte!!!!
Londale Foster
GoFundMe have changed their rules so Kim will not see. A.dime of the money ð??°
Shirley White
Great move….
Tetsuya Sayuki
She’s my hero.
Tetsuya Sayuki
If it was up to me I would put the music gonna fly now.
Robert Dan
Notorious K.I.M. is a good one. I went with Keanu Davis.
Gus Anderson
Why do Republican politicians believe other people should not get paid for the work they do?
Jose C McCullers
Is it bad that I kinda want her to get hit by a car?
Creighton Hussey
Haaaaaaaa! Stupid ass! Way to keep it real Survivor
Becky Smith
So good!
Alan Wade
Does anyone else see how she’s blown away by all the attention? I don’t see religious rapture… I see a fame monster….
Jamal Gregory Baghdadi
Good!! Hope he wins!!
Keith Hewitt
False story. It’s from the satirical website NBC.com.co #pureBS
Judy Friedrich
Hope they create havoc for ‘Kim and Mike’. They deserve each other ,,, both idiots! (And I’m being nice)
Daniela Strobl
I hoped for this! xD
Rikki Harrison
Karma …. go for it hope they lose their shirts !!
Heather Levick
Good. you just cant be stealing ppls music.
Mary Ellen Trella
Yesterday was complete and utter nonsense. Get back to and do your job. If not quit your position and give the job to someone that will raise their hand, agree to do the job and just to it. You find a job and stop being a martyr.
Nahald
I hope they sue ! Seems Ms. Davis will trample EVERYTHING just to get her own way !
Miguelangel A Irizarry
GOD BLESS YOU THAT’S RIGHT MAKE THEM PAY DEARLY
Michael Claypoole
I LOVE it — sue the bitch!
George Vreeland Hill
Yes, please sue this idiot woman.
Also, if anyone out there has been denied their lawful rights because of Kim Davis, then please sue her as well.
We need to put her out of business.
George Vreeland Hill
Rob
More Christian persecution. They should be allowed to steal other’s property for their own use, especially if it’s to praise God’s name. That whole “Thou shalt not steal” does not apply to them.
fallen0127
I want to point out that your update about a 1.2 million lawsuit is taken from a satire site. The article claiming that was on nbc.com.co, if you research, Kim and Mike were sent a cease and desist order.
TheSiren22
In which people forget that as artists, we have what’s referred to as “moral rights/droit moral” over the content and the art we have created. It’s all part of copyright and licensing. Anyone who knows anything about the music industry or copyright and licensing law would know this.
If I were Survivor, I would be seething as well. They have every right to be angry and I hope that they go at her full force.
And yes, you can get sued for using music (or anything that is copyrighted) – even if it’s in the background – without permission…that’s how it works. It’s all a part of the rights an artist has under copyright. True, some artists choose to waive this right, but many don’t. Certain bands identify as apolitical, and prohibit anyone from using their content for any political rallies. Some artists are vegan and don’t want their music associated with, say a burger restaurant, etc.
Moral of the story. Learn to ask for fucking permission before you use something protected by copyright, like music. And find out WHO to ask permission from, because sometimes the artist isn’t the one (or the only one) who owns the license/the rights/the copyright/etc; sometimes it’s a third party/third parties, and that’s who you have to ask permission from.
And even then, the artist still has their moral rights unless they’ve waived them.
So yeah, probably best to ask for permission first, because if you don’t and the artist gets pissed, it WILL come back to bite you in the ass, as many people have learned the hard way. Like Davis and Huckabee are probably about to.
TheSiren22
@Gregory H. Nazarian: yes, people can be sued for using background music at a political rally or a rally with strong political associations/connotations/implications. This is nothing new.
People either forget or are ignorant to the fact that, as artists, we have what’s referred to as “moral rights/droit moral” over the content and the art we have created. It’s all part of copyright and licensing. Anyone who knows anything about the music industry or copyright and licensing law would know this. I would encourage people to look this up since it might just save them from a headache or legal troubles in the future.
But yes, you can get sued for using music (or anything that is copyrighted) – even if it’s in the background – without permission. It’s all a part of the rights an artist has under copyright. True, some artists choose to waive this right, but many don’t. Certain bands identify as apolitical, and prohibit anyone from using their content for any political rallies. Some artists are vegan and don’t want their music associated with, say a burger restaurant, etc.
There is a lot of legal precedent for this. As someone else mentioned, Springsteen is an artist who has banned certain people from using his music at political rallies. It’s not just musicians, either. Apparently Dr. Seuss took issue with pro-lifers using his quotes to further their political agendas, since their politics were in direct contradiction to his own (he was pro-choice).
This is nothing new. Which you would probably know, if you did your research.
Moral of the story? Ask for permission before you use something protected by copyright, like music. And find out WHO to ask permission from, because sometimes the artist isn’t the one (or the only one) who owns the rights; sometimes it’s a third party/third parties, and that’s who you have to ask permission from.
And even then, the artist still has their moral rights unless they’ve waived them.
So yeah, probably best to ask for permission first, because if you don’t and the artist gets pissed, it WILL come back to bite you in the ass, as many people have learned the hard way. Like Davis and Huckabee are about to.
TheSiren22
@libertineman: that’s incorrect, artists have what’s referred to as “moral rights” or “droit moral,” which is a right/protection afforded to them under their copyright, unless they’ve waived the right, which many artists don’t.
For example, some bands identify as apolitical and prohibit anyone from using their music in political rallies, others are vegan and don’t want their work to be associated with businesses that advertise meat, etc.
In any case, in order to use music legally, you have to ask for permission, regardless, because it’s copyrighted.
I would encourage you to look up “moral rights/droit moral.” Or rights given to someone who’s filed a copyright.
Because believe me, there is plenty of legal precedent for this.
Copyright doesn’t just prevent people from “stealing your song, ideas, work, etc,” or plagiarising your work, it covers so much more than that, and a lot of people don’t realize that.