A Brief History: The Sony BMG Copy Protection Scandal

During what some (certainly I) call the Napster era, high-speed internet access had entered nearly every home in the U.S.A. File-sharing became not only widespread, but a source of utter terror for record companies. CD burners were also standard equipment, which meant you didn't have to own even a digital copy of a file to share it. In fact, record companies were realizing that no one ever needed to pay for music again. And to be fair, the consumers had been realizing it first.

In 2000, Sony vice-president Steve Heckler spoke at the Americas Conference on Information Systems, saying: "The industry will take whatever steps it needs to protect itself and protect its revenue streams [...] It will not lose that revenue stream, no matter what [...] Sony is going to take aggressive steps to stop this. We will develop technology that transcends the individual user. We will firewall Napster at source – we will block it at your cable company. We will block it at your phone company. We will block it at your ISP. We will firewall it at your PC [...] These strategies are being aggressively pursued because there is simply too much at stake." In 2001, Sony made their first faux pas in the copy protection field, releasing copies of Natalie Imbruglia's second album White Lilies Island with copy protection not warned of.

Copy protection was not uncommon by 2005: many record companies had started to encode the CDs to be more difficult to rip to your computer; partly to prevent sharing, and partly in the hopes of gaining both physical and digital sales. Artists such as Weird Al fired back at this sort of greediness by actually adding extra content for those who inserted the disc in their computers. And still, for every copy protection measure, someone created a new plugin or application that was smart enough to get around the protection.

So, enter Sony BMG, a merger formed in 2004, who in 2005 were ready to make good on the promise Heckler made in 2000. Without a word to consumers or artists, Sony BMG launched a copy protection measure on 22 million CDs that they released. That alone wasn't the issue: as stated, many companies were enacting similar measures. What was different this time, however, was that their protection didn't just make the CD harder to encrypt. No, this protection went so far as to download software immediately onto the user's computer that invited in malware. 

Desktop computers in the '00s were in nearly every household. By then, the majority of folks had high-speed internet, a set of decent desk speakers, and no reason at all not to make the computer one of their primary household entertainment devices. There were plenty of completely innocent reasons to insert CDs and even DVDs into your disc drive. I myself had a desktop computer before I had a CD player with speakers. My primary way of listening to music was through headphones or a powerful set of desktop speakers, either one connected to my computer. So if I got a new CD, it was immediately going into my disc drive. 

You were really in trouble if you inserted these Sony BMG discs into your computer. The first thing that would happen was that you were offered a new music player. That "music player" would then install one of two programs onto your computer that would modify your operating system to interfere with your computer's ability to copy CDs in general. The program would be installed on Windows operating systems even if you declined it, and it could not be uninstalled. While it was surely a pain to be unable to copy CDs, that's not the worst this software had to offer. The next thing to happen was that with one of the programs would come a "feature" that sent private listening data back to Sony BMG. One of the two protection software programs explained what it was doing in the end-user license agreement, while the other program did the exact same thing, but without even telling you what it was up to in the end-user license agreement.

These programs created vulnerabilities in the systems of those who inadvertently downloaded them. The programs have been classified since their initial time of release as "rootkits." Usually, a rootkit is intended to be malicious (not in the way Sony BMG intended to be malicious). A rootkit enables access to a computer or an area of that computer's software that is not typically allowed. Sony was using this rootkit to disable a user's ability to copy the CD. But if you put a cat flap in your front door, nothing is stopping other animals from coming through. Hackers were able to exploit the newfound vulnerabilities. Malware was now able to attack the computers of those "infected" without having to jump through the normal hoops, because the cat flap for gaining unauthorized access to a person's computer was already there. 

Creator of the program RootKit Revealer, Mark Russinovich discovered the rootkit Sony installed on one of his computers. He posted about it on his blog on October 31st, 2005, stating that digital rights management had gone "too far." He found numerous problems with the XCP software, from what I've already mentioned to the fact that the program would constantly run in the background, slowing down a user's computer whether or not a CD was being played. The XCP rootkit also stopped and started using unsafe means that could cause the computer to crash. Attempts to remove the rootkit could even cause the computer to stop recognizing existing drives. Following the blog post, more worms and viruses were created to exploit the newly discovered vulnerabilities.

Sony BMG initially denied that their software was a rootkit, but suddenly, there was a public knowledge of rootkits, and a scandal surrounding Sony BMG's use of such software. Sony released patches in an attempt to help users uninstall the rootkits, but somehow, those patches opened computers up to even more vulnerabilities. The patch made the rootkit files visible, but installed even more files that couldn't be removed and this time, collected the user's email address also. 

The public was absolutely outraged by Sony's behavior. Many of the affected CDs were recalled with the promise of being replaced by CDs without the software. Sony BMG continued to deny allegations that their anti-piracy software was dangerous, even after more reports about the malware and viruses it opened the door for. Retailers who were asked to pull the CDs and ship them back for credit were in many cases not doing so. Being that it was after Thanksgiving by that time, the issue raged on as shopping increased for the Christmas season. Only about 10% of the recalled CDs ever made it back.

Class-action lawsuits were filed throughout the United States and around the world. Making matters even worse for Sony BMG: they had failed to follow licensing laws themselves when using the open-source software in the program. LAME MP3 encoder was the primary software, and its developers stated that they hoped Sony BMG would take appropriate action. 

By 2007, Sony BMG decided to completely get out of the copyright protection game. But the damage was done for many.

A great number of artists' works were wrapped up in this scandal. Natasha Bedingfield's Unwritten was among those affected, and it sold over one-million copies in her home country of the United Kingdom, and saw plenty of sales in the U.S. also. Though the U.K. version of the CD was released through an RCA subsidiary, the U.S. version was released through Epic, one of Sony's subsidiaries. The album sold 34,000 copies in the U.S. during its' first week of release. Many compilation albums were also released with this rootkit software, including some by older artists like Burt Bacharach, Pete Seeger, Frank Sinatra, Louis Armstrong, and Billie Holiday, with some by slightly newer artists like Cyndi Lauper also affected. Neil Diamond's 26th studio album Twelve Songs, Rosanne Cash's King's Record Shop, Ricky Martin's Life, and George Jones' duet album My Very Special Guests were all affected albums. To me, these titles show that a wide range of age groups and musical tastes were all hit with this. There are almost too many affected albums to name, but of course we can't forget one of the bands who became most vocal about the situation: Switchfoot. 

Switchfoot's fifth studio album Nothing is Sound sold half a million copies in the first month of its release. It debuted at number three on the Billboard albums chart, and was their first release after the monstrously successful The Beautiful Letdown. It was only their second studio album with Sony. As soon as the problem was discovered, the band were upset on behalf of their fans. Bassist Tim Foreman posted on the group's forums with a way to get around the protection, but the post soon disappeared mysteriously, with many believing Sony had threatened legal action against Foreman or the band. Strangely, many British copies of the album under EMI suffered from a similar copy protection problem, although that situation was handled much more gracefully. The scandal left such a bad taste in the mouths of the band that they were only too happy to get out of their contract with Sony, which they were able to do after Oh! Gravity, the third in their contractually obligated three albums on the label. They then formed their own label, "lowercase people," which was distributed by Atlantic. Lead singer and songwriter Jon Foreman felt as though the situation tainted their album, which was already considered to be one of their darkest works.

I have a copy of Nothing is Sound that I purchased used not too long ago. Updates to computers between 2005 and the present day have since made the type of vulnerability that the CDs initially created much more difficult to end up with accidentally. Aside from that, my copy doesn't seem to have the correct barcode on it to make it one of those affected (the barcode ends in XCP on affected CDs). Yet still, when I tried to rip the CD to my digital music library for use in my radio shows, I couldn't touch the tracks. Obviously I'm not making an effort to find a way around the copy protection but whatever they put on those CDs was certainly effective. 

I think by this point, most artists are just happy to have their music out there. Royalties are gained from streams and Youtube views. But I don't know if record companies will ever fully be over the new technology that the internet beckoned in so many years ago. It took a lot of time and situations such as this scandal to get them even close to over it. 

A Brief History: The Lasting Legacy of the "Addicted to Love" Music Video

"Addicted to Love" was originally released in 1985 as part of Robert Palmer's Riptide album. It was issued as a single the following year and was a game changer for Palmer. "Addicted to Love" became Palmer's first #1 on the Billboard Hot 100 and on the Mainstream Rock charts, as well as giving him a #1 in Australia and his most successful single in many other countries. But we're here to talk about the video.

Commemorative #14 by Patrick Nagel

British director and noted fashion photographer Terence Donovan was brought on board to direct the video for "Addicted to Love." His skills in the fashion photography field had been influential in the 1960s, when he photographed Twiggy, Marianne Faithful, Jimi Hendrix, and many others. His photography continued from the '60s into the '80s and beyond. His style was distinct: deep blacks and harsh contrast. He could capture a fashionable look with seeming ease, which made him key in creating such an iconic video. The look realized in the video is reminiscent of the paintings of Patrick Nagel, the artist responsible for the cover of Duran Duran's Rio, and the many stylized paintings of dark-haired, pale women with dark lipstick and angular faces that we have come to associate with the art of the '80s. This similarity helps to cement the video as the look of the era. 

The original video included five models: Julie Pankhurst as the keyboard player, Patty Kelly and Julie Bolino as the guitarists, Mak Gilchrist as the bassist, and Kathy Davies as the drummer. Gilchrist spoke on her experience with Q Magazine, saying: "I was 21 and got the part on the strength of my modelling book. We were meant to look and 'act' like showroom mannequins." Gilchrist had previously been in commercials in addition to modeling work. Bolino and Davies had played parts in other music videos. Pankhurst and Elias were fresh to the scene. Supposedly, a real-life musician was meant to teach the models to look like they were playing, but according to according the VH1's Pop-Up Video: "gave up after about an hour and left." 

The video premise is incredibly simple, yet because of all of the seemingly small decisions, it became an instant classic. Palmer used the concept again in three more videos, meaning it became something of a signature look for him. 

His next music video was for the song "I Didn't Mean to Turn You On," a cover of a Cherrelle song written by Jimmy Jam and Terry Lewis. The video featured even more models, some representing the camera crew, some dancing in formal attire, and of course the "backing band" of models. This time, the models in the pseudo band have a much more choreographed (or at least in-sync) dance routine. Donovan returned as the director. The song peaked at #2 behind Boston's "Amanda," definitely assisted by the music video. The intervening single, "Hyperactive" failed to make it into the top 30. Of course, in the mid to late '80s, much of an artist's success could be linked to having a music video in rotation and a great video could be pivotal in causing a single to take off. 

The success of the songs based on the quality or existence of a video could be considered put to the test over Palmer's next two single releases. A reissue of his 1985 single, "Discipline of Love" failed to chart anywhere other than Australia (where the song did move from #95 to #68 upon reissue). The following single was "Sweet Lies," a song from the forthcoming film of the same name. Even with a music video and an entire movie linked to the song, it only made it to #94 on the Billboard Hot 100. 

Oh...Yikes!

Yet in 1988, Donovan was brought on board once again to direct the video for "Simply Irresistible," and once more, it became a high-charting single for Palmer, peaking at #2 on the Hot 100 and #1 on the Mainstream Rock charts. In my opinion, "Simply Irresistible" was the most striking video in this series. The third Palmer/Donovan collaboration features a more colorful look, with more advanced choreography. The knowledge that music videos weren't just a fad also allowed for better production values and lighting than the previous videos. The downside is that there is no "band" in "Simply Irresistible," reducing the women to set pieces dancers, giving them less to do than in the previous videos. Julie Pankhurst, Julia Bolino, and Kathy Davies all returned for "Simply Irresistible."

"Simply Irresistible" would be the final collaboration between Palmer and Donovan, as well as Palmer's last Billboard Hot 100 top ten hit. The final video Palmer did in this style was "Change His Ways," a comical take on the other videos in which Palmer is accompanied by a backing band of sexy duck women in plain black dresses. 

VH1 ranked the video for "Addicted to Love" at #3 on their list of the top videos of the '80s and it immediately began to be visually referenced in other artists' music videos and sometimes parodied. Let's go through a few examples.

Weird Al Yankovic - "Addicted to Spuds" and "UHF"
Yankovic has always been great at spotting trends, which is the only explanation I can think of as to how he was the first in line to emulate the look of these iconic videos. In 1986, Yankovic parodied "Addicted to Love" with "Addicted to Spuds," a spot-on parody as always. For MTV's New Year's Eve celebration in 1987, he performed the song live with a backing band of sexy Mr. Potato Heads (they had legs with dark tights on like in the original video, I'm not attracted to potatoes). The potatoes stared blankly ahead like the women in the original video, and mimed playing instruments whilst swaying in place just as the women had in the original video. Honestly, it's pretty funny now, thirty-five years removed from the event. I imagine it would have been even funnier at the time.

Two years later when he wrote an original song for his movie UHF, Yankovic continued to recognize the video's importance in popular culture of the '80s. The music video for the song "UHF" features visual references to many iconic videos including "Subterranean Homesick Blues" by Bob Dylan and of course, "Addicted to Love." The twist Yankovic puts on the look this time is that all of the models in his "band" sport Yankovic-style moustaches and glasses. If you've never seen the video for "UHF" but are a fan of '80s music videos, it's definitely worth a watch.

Tone Lōc - "Wild Thing"
As early as 1988, Tone Lōc released "Wild Thing," the video for which was reportedly filmed for around $500. That budget was evidently enough to pay a group of girls to impersonate the Robert Palmer models. The girls in the "Wild Thing" video act as the "band" and sway slightly out of rhythm with one another just as in the original "Addicted to Love" video. Being only two years later than the inspiration and not outwardly comedic, it seems like a strange homage but I can only assume that director Tamra Davis was already aware that "Addicted to Love" featured a look to be reckoned with.

Paula Abdul - "Forever Your Girl"
In 1989, more mainstream artists were ready to make reference to Palmer's videos, as Paula Abdul did in the video for "Forever Your Girl." Directed by David Fincher of all people, the video sees Abdul coaching children in a variety of dance routines. Three of the young ladies are being shown moves from "Simply Irresistible" and are dressed in attire similar to "Addicted to Love." They are eventually able to perform in a color segment vs. the black and white the video is primarily shot in, presumably meaning it's the final version of the performance for the video. 

Die Prinzen - "Alles nur geklaut"
German pop-rock band Die Prinzen (The Princes) went to #4 in their home country and #3 in Austria with this 1993 single. The video is another that zips through a series of references to '80s videos, so of course they include a parody of the "Addicted to Love" video.

Mr. Blobby - "Mr. Blobby"
The disturbing children's television juggernaut that is Mr. Blobby had a Christmas #1 in the U.K. with this self-titled track (the song replaced Meatloaf's "I Would Do Anything For Love" at #1. That song is far from being my favorite song, but it didn't deserve that). The video (apart from being a fever dream) references at least four music videos, including "Addicted to Love" of course.

Stardust - "Music Sounds Better with You"
In 1998, French house music band, Stardust released the video for their song "Music Sounds Better with You." Michel Gondry directed the video, which follows a boy as he builds a model airplane. The TV in the background of the video plays a top five countdown of music videos, including the guys from Stardust singing the "Music Sounds Better with You." Along with the other four fully-fictional videos, one of them is for a song called "Hotlipz" by "Dave Stavros." The video for "Hotlipz" is an obvious visual reference to "Addicted to Love."

Shania Twain - "Man! I Feel Like a Woman"
Shania Twain was really the first artist to put her own spin on "Addicted to Love" for her 1999 single "Man! I Feel Like a Woman." Paul Boyd directed the video which features the iconic cloudy background- but this time, male models miming the instruments for her "backing band." The men are dressed in black as with the original female models, but with mesh shirts in place of short skirts with hosiery. The men stare blankly ahead while Twain rocks out in front in a stunning outfit far more memorable than Palmer's shirt-and-tie look. The video won video of the year in the MuchMusic Video Awards in 2000. It's also Twain's highest-viewed video on YouTube. 

Bowling For Soup - "1985"
2004 saw SR-71 release a song called "1985." Most people know the song better from the cover by Bowling For Soup which was also released in 2004. The video is another that pays homage to many '80s videos (although as far as I can tell, none of them are as early as 1985). What's interesting about this video is that the actual band dress up as the models, down to the dresses and smoky eyes.

Ingrid Michaelson - "Girls Chase Boys"
Like Shania Twain, Ingrid Michaelson's video puts a new spin on the concept of the Palmer/Donovan videos. Michaelson openly pays tribute with a video inspired by "Simply Irresistible" specifically. "Girls Chase Boys" is a song about how "no matter who or how we love, we are all the same." Michaelson stated "The video takes that idea one step further, and attempts to turn stereotypical gender roles on their head. Girls don't exclusively chase boys. We all know this. We all chase each other and in the end we are all chasing after the same thing: love." Her 2014 video includes both men and women emulating the dance moves from "Simply Irresistible," as well as perfect adaptations of the costumes. Michaelson herself stands in front in a suit, carrying herself much like Palmer, using his hand motions when possible. 

Luca Carboni - "Luca Lo Stesso
In 2015, Luca Carboni wrote a song about the contradictions of the world. Cosimo Alemà was brought in to direct the video, which features an all-female backing band with smoky eyes and matching dresses. Carboni told his YouTube audience: "I liked the idea of ​​having a band that was only symbolic. It is no coincidence that the 80s are mentioned with the video of my first single. There the roots of my music and my history lie. They are the roots of this new album, which reach up to here, to look to the future" (translated from Spanish). 

The impact of these videos doesn't end there: from covers like "Addicted to Love" by Black Heart Saints that also pays tribute to the video, to the music video being filmed in Love Actually with a band of model Santas for the band, to the many parodies of "Addicted to Love" that have sprung up over the years, even to the present day. Even in the early days of MTV when videos were somewhat scarce, there were winners and losers. It's clear that to this day the collaboration between director Terence Donovan and Robert Palmer has a lasting impact on the music video scene. Donovan suffered from depression and committed suicide in 1996 and Palmer died of heart failure in 2003, but people have still been referencing the videos. Their legacy outlived them.

A Brief History: Wall of Sound

A few posts ago, I mentioned Phil Spector's "Wall of Sound," and promised to elaborate. Well, I wouldn't like to disappoint.

One of the more prolific and/or legendary music producers of the 1960s, 70s, and beyond was Phil Spector. Spector worked with female vocal groups like The Crystals and The Ronettes, before producing The Beatles' Let It Be and several George Harrison and John Lennon solo works. He even produced one album for The Ramones. Then he became a convicted murderer and went to prison, but that is strictly besides the point.

What made Spector so legendary wasn't just the fact that he worked with awesome acts that happened to churn out lots of hits. Spector was also an innovator of one of the more important musical techniques of the 20th century. There is heavy debate over whether Spector's "Wall of Sound" did more to help or to hurt the music industry, but there is no denying its impact.

In the early 1960s, Spector created a technique of layering sounds together so that they came through well on the radio. He used studio musicians of the era (an elite group of commonly-used backing musicians known as The Wrecking Crew) to create a specific sound that his pieces became known for. The Wrecking Crew would record several guitar parts in unison, together with musical arrangements for groups as large as a full orchestra, all recorded with echo chambers. Sounds played by the studio musicians were bounced back through the studio before being picked up and recorded. The use of orchestral instruments in pop music was uncommon for the time. It immediately made "wall of sound" pieces stand out from the crowd.

The wall of sound was generally carried out on monophonic recordings, despite the traction that stereophonic recordings were gaining at the time. Spector disliked stereo recordings, saying that they took the power of the recording away from the producer and gave it to the listener instead. Were it not for the recording techniques used, Spector's songs would have had a much more flat, dull sound, seeing as they were mono recordings. Instead, the wall of sound created a rich sound with much more depth than the usual mono records.

For a more in-depth look at how the wall of sound worked, I recommend checking out this video:

Spector's work on The Beatles' Let it Be was extensive. The most controversial work he did was on "The Long and Winding Road," the production of which angered Paul McCartney so much that he cited it as one of the reasons for dissolving the band.

Tracks like "Be My Baby" and "Sleigh Ride" by The Ronettes are widely recognized as vivid examples of the technique. But the wall of sound was used in many places at the time and continues to be used to this day. During the 60s, the "Wall of Sound" technique was utilized by Brian Wilson of The Beach Boys on Pet Sounds and Smile as well as other works. Producer Johnny Franz also used a similar technique on his production for Dusty Springfield and The Walker Brothers.

In the 70s and 80s, techniques similar to the Wall of Sound were used by Queen, ABBA, and Bruce Springsteen.

These days, Wall of Sound techniques have developed into several musical genres, in addition to the throwback sound trend utilized by groups like She & Him. Shoegazing, Noise Pop, and Dream Pop all find their roots in the Wall of Sound in different ways. Dream Pop finds roots directly in George Harrison's All Things Must Pass, a Spector work.

Wall of Sound is definitely a technique that has had a great deal of influence over music in the last fifty to sixty years. The musical world would be very different without it.

A Brief History: Music in Political Campaigns

For almost 200 years, politicians have been using recognized songs as campaign "hooks." Andrew Jackson used "The Hunters of Kentucky" for his presidential campaigns in 1824 and 1828. As far as we know, Jackson started a trend that continues to this day.

The problem occurs when politicians decide to use songs without gaining permission from the artists first.

Such a situation has only recently come to light with Republican presidential candidate Newt Gingrich, who has been using "Eye of the Tiger" as his campaign entrance song since 2009 without permission from Survivor. Gingrich is being sued for "damages" and Rude Music Inc. is requesting that he be banned from using the song [Source].

But Gingrich is certainly not the first politician to get in trouble for using a song they were not authorized to use:

• Bruce Springsteen was displeased when Ronald Regan tried to use "Born in the U.S.A." in 1984.
• Sam Moore re-recorded "Soul Man" for Bob Dole's campaign, changing the lyrics to "Dole Man." The problem was, Moore was not the copyright holder for the song, and the actual copyright holders at Rondor Music threatened to sue if Dole continued to use even the "parodied" version of the song. Issac Hayes, the real writer of "Soul Man" told The New York Daily News: "As a U.S. Senator, he ought to know that you can’t do that." Dole discontinued use of the song [Source].
• Michele Bachmann and George W. Bush each received cease and desist letters from Tom Petty for use of "American Girl" (Bachmann) and "I Won't Back Down" (Bush). 
• Bachmann was also asked to stop using "Walking on Sunshine" by Katrina and the Waves.
• Former Florida governor Charlie Crist was sued by David Byrne (Talking Heads) for using "Road to Nowhere" (which, really, is that something you want associated with your political trail? Isn't that what got Sarah Palin in trouble back in '08?).
• Speaking of which, Heart were very annoyed when Sarah Palin used "Barracuda" without permission. The Wilson sisters said: "Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image" [Source].

• John McCain managed to stir up several well-known musicians. Jackson Browne sued him for his use of "Running on Empty" and John Mellencamp issued a cease and desist letter for McCain's use of "Pink Houses" and "Our Country" during the presidential run. McCain stopped using all three songs and issued an apology to Browne for using "Running on Empty" in an attack ad directed at Barack Obama. Bon Jovi ("Who Says You Can't Go Home") and The Foo Fighters ("My Hero") also both requested that McCain stop using their songs in the 2008 presidential campaign.
• "Pink Houses" was also questioned for its use in a NOM (National Organization of Marriage) event. Mellencamp sent a letter to NOM, telling them his views were at odds with theirs and requesting that they "find music from a source more in harmony with your views than Mr. Mellencamp in the future."
• Mike Huckabee was asked by Tom Scholz of Boston to stop using "More Than a Feeling." 
• Barack Obama got into trouble for using "Hold On, I'm Comin'" by Sam and Dave at his rallies.

The funny part to me is that most of these politicians then support things like SOPA when they come up in legislation, yet they break similar rules with complete disregard.

Musicians are not always at odds with politicians though. When candidates request permission or at least have similar political ideology, things tend to go more smoothly:

• "Pink Houses" was used in for the presidential campaigns of John Edwards in 2004 and 2008 and Mellencamp played "Pink Houses" at Obama's inaugural celebration in 2009.
• Hilary Clinton did receive permission to use Tom Petty's "American Girl."
• Eddie Rabbit authorized use of "American Boy" for Bob Dole's campaign.
• Bill Clinton's official campaign song in 1992 was Fleetwood Mac's "Don't Stop."
• "You Ain't Seen Nothin' Yet" by Bachman-Turner Overdrive was the theme song for Al Gore's 2000 campaign as well as being the theme song for the Democratic party in 2006.
• "Beautiful Day" by U2 was also used by the Democratic party in 2006 and by John Kerry in 2004.
• will.i.am. and other various artists composed "Yes We Can" around one of Barack Obama's speeches.
  

Now, whether the songs used for political campaigns are lyrically suited is another matter entirely (and one I'm sure I will cover).

Bottom line? Just like any other arena in life, it's best to get permission before using an artist's song. Because it's far more embarrassing and expensive to have to clean up later.