Carrie Levine of Public Integrity has unearthed a Federal Election Commission filing that says Mike Huckabee’s presidential campaign has agreed to a settlement of a copyright infringement suit for his use of “Eye of the Tiger” at a campaign event featuring Kim Davis, the Kentucky court clerk who resisted issuing marriage licenses to same sex couple. But he wants a legal defense fund to pick up some of the tab.

Huckabee was sued by Frank Sullivan III, co-author of the song and a member of the band Survivor that recorded the “Rocky III” hit song.

Advertisement

A letter from a Washington law firm says:

On November 18, 2015, Rude Music, Inc. filed a copyright infringement lawsuit against the Committee in the United States District Court for the Northern District of Illinois. The complaint alleged that the Committee had violated federal copyright law, in particular 17 U.S.C. $ 501, by playing the song “Eye of the Tiger” at a campaign appearance on September 8, 2015

The complaint sought injunctive relief and an award of monetary damages. The Committee has been represented by other counsel in that litigation, and it has incurred costs in the form of attorney’s fees and related expenses. The Committee and the plaintiff have settled this lawsuit for a sum certain, personally guaranteed by Governor Huckabee, with each party bearing their own costs and fees.

The law firm said it is already established law that a legal defense fund can be used to pay legal expenses incurred by campaigns. It asks for an opinion on whether that fund may also be used to “pay the cost of a portion of the settlement of the copyright infringement lawsuit against the Committee?” Preliminary responses from the FEC seem to indiczte this is possible.

Advertisement

In January, Huckabee tried to defend the playing of the song in a court filing by saying the event was a “religious assembly,” among other arguments that copyright law didn’t apply.

Federal court records indicate the case was dismissed May 6 on agreement of the parties, but the records don’t reflect the terms.

Advertisement

A similar lawsuit against Newt Gingrich for use of the same song was settled in 2012 for undisclosed terms.

Invest in the future of great journalism in Arkansas

Join the ranks of the 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 daily email blasts who know that the Arkansas Times is the go-to source for tough, determined, and feisty journalism that holds the powerful accountable. For 50 years, our progressive, alternative newspaper in Little Rock has been on the front lines of the fight for truth, and with your support, we can do even more. By subscribing or donating to the Arkansas Times, you'll not only have access to all of our articles, but you'll also be helping us hire more writers and expand our coverage. Don't miss out on the opportunity to make a difference with your subscription or donation to the Arkansas Times today.

Previous article The Costco rumor mill cranks up again Next article The Golden Girls and the 2016 presidential election