You may recall that when Kim Davis put in a surprise appearance at a rally Mike Huckabee organized for her in September, she took the stage to the strains of “Eye of the Tiger,” the theme from “Rocky III.” But nobody in the Huckabee camp bothered to ask Survivor, the band behind the 1982 smash, if they approved. Survivor frontman and founding member Frankie Sullivan let it be known that there would be hell to pay, and has made good on that threat. On Wednesday, he formally sued Huckabee for swiping “Eye of the Tiger” without permission.
Huckabee claimed–presumably with a straight face–that he wasn’t responsible for the swiping. Never mind that he organized and fronted the rally for the embattled Rowan County, Kentucky clerk. Never mind that after Davis was held in contempt of court and jailed for her obstinate refusal to issue marriage licenses to anyone in protest of marriage equality, Huckabee started a petition demanding her release that was really a fundraising magnet.
Well, Sullivan effectively took Huckabee’s attempt to fob off responsibility for the swiping, wadded it up, and threw it back at him. Through his company, Rude Music, Sullivan filed a federal lawsuit in Chicago alleging that Huckabee, as a “media-savvy business owner” and author, is “very sophisticated and knowledgeable” about copyright law.
It also notes that this isn’t the first time Huckabee has gotten in hot water for swiping music. During his first run for president in 2008, Huckabee frequently played Boston’s “More Than A Feeling.” Boston founder Tom Scholz, a staunch Obama supporter, was none too pleased, and personally wrote Huckabee to tell him to cut it out.
Back in September, I said that I’d pay money to see Huckabee claim under oath that he really wasn’t responsible for the swiping of “Eye of the Tiger,” even though this was his rally. I knew, even without any legal training, that Survivor or Sullivan’s lawyer would tear him apart on cross. Well, looks like we may get that chance unless Huckabee is smart enough to settle. Pass the popcorn.
