KENTUCKY — Kim Davis walked out to Survivor’s “Eye of the Tiger” when she was released from jail Tuesday.
However, she infringed upon Survivor’s rights when she played the 1982 rock classic as she walked on stage to give a speech.
Record label EMI has considered suing Davis, as well as her supporter Mike Huckabee, for publicly playing the song without permission.
“They are well within their rights to hold a public rally in support of Kim Davis, or anyone else for that matter,” intellectual property attorney Paul W. Steiner. “Where they broke the law was when they played that song by Survivor without the permission of the rights holder.”
Steiner says that often times, record labels and musicians will turn the other cheek when their songs are publicly played without authorization.
“Though, in this case, I believe that EMI does not want their song associated with someone like Kim Davis, or Mike Huckabee for that matter, and will most likely seek full damages for this incident.”
“The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately,” Survivor’s founder Jim Peterik told Billboard.com.
Frankie Sullivan, who co-wrote the song with Peterik for Rocky III, took to his Facebook page to express his dismay at Davis’s use of their song.
“We did not grant Kim Davis any rights to use ‘My Tune -The Eye Of The Tiger.’ I would not grant her the rights to use Charmin!”