A cease-and-desist letter from Tom Petty proved to be a campaign heartbreaker for George W. Bush, as the Presidential hopeful was forced to back off his use of "I Won't Back Down." Though the letter was sent in February, its existence (and Bush's reaction) only surfaced recently.

After Petty's 1989 single "I Won't Back Down" was used at Bush campaign events, publisher Randall Wixen (of Wixen Music Publishing, Inc. and Gone Gator Music) wrote the letter at the behest of Petty. It states, "It has recently come to our attention that your presidential campaign has been using the above-referenced song in connection with your presidential bid. Please be advised that this use has not been approved . . . Any use made by you or your campaign creates, either intentionally or unintentionally, the impression that you and your campaign have been endorsed by Tom Petty, which is not true."

In response, the Bush campaign's general counsel Michael Toner sent a letter that agreed that they would comply, but added, "We do not agree that the mere playing or use of a particular song at a campaign event connotes any impression, either intentional or unintentional, of endorsement."

Though the only song officially sanctioned for use by the Bush campaign was "We the People," written by Nashville scribe Monty Powell and performed by Billy Ray Cyrus, Bush spokesperson Ray Sullivan says songs by other artists have been used on the campaign trail "from time to time," depending on "what CDs we brought with us that day."

This haphazard practice has been troubling a number of musicians besides Petty, including Sting and John Mellencamp, who found their songs "Brand New Day" and "R.O.C.K. in the U.S.A.," respectively, being used without permission. "I don't think that anybody that knows me would think I have the same position as [Bush]," Mellencamp told Rolling Stone in August.

And with artists like Petty making it into a legal matter, Bush's campaign is beginning to rethink its musical policies. "We're now entering into agreements with BMI and ASCAP to work out arrangements to pay for use of songs on the road," Sullivan says.

The Bush campaign created its own CD with songs to use on the road. It now has black X's marked next to songs the campaign no longer plays because of artists complaining. John Fogerty 's "Centerfield," Los Lobos' "La Bamba" and Tejano singer Emilio's "Juntos" are still considered fair game.

"As our letter says, we don't believe use of a song implies endorsement," Sullivan says, "but when we're asked to stop, we generally respect the request and don't use the song again."

There was no word from Petty's management at press time.

JENNIFER VINEYARD
(September 20, 2000)