Published Feb 11, 2008Well it seems those football-loving yankees at Fox just can't get their fill of unauthorised Canadian independent music. After the kafuffle over the Arcade Fire's "No Cars Go" being used in an NFL highlight reel during Super Bowl Sunday, word has emerged that Fox has inflicted similar song thievery upon Ottawa instrumental post-rockers My Dad VS Yours.
Band members were flooded with emails and phone calls from fans and friends following television's most expensive ad-time event, who swore they heard the band's song "Habla Palsano" played in the background during a pre-game interview. Not having seen the broadcast, the band contacted Fox to verify the song's use. It turns out My Dad fans have sharp ears. According to band member Jose Palacios, the VP of Fox Sports confirmed that "Habla Palsano" was indeed played in the background during a pre-recorded interview between Terry Bradshaw and Tom Brady around 5:34 p.m. EST on Superbowl Sunday.
Palacios explains, "The song was not looped and played for one minute and 25 seconds. According to Fox Vice President of Business and Legal Affairs, Robert Hacker and the manager of Fox Sports Net Music, Barbara Isley, their use of the song without our permission was allowed due to the "ephemeral recording" provision of the U.S. copyright act."
Palacios wraps up his report, saying "That's all the info I have right now as we need to talk to SOCAN, ASCAP and the Guild of Canadian Film Composers about what happens next."
As Palacios noted in a previous statement, the band don't expect any significantly increased exposure from the incident, but that it "feels cools" that almost 100 million viewers may have heard the instrumental group's music, and the internet buzz the controversy has generated can't hurt visibility for the Ontario natives.
In the meantime, it's probably wise for any other artists who've recorded at Hotel2Tango (Wolf Parade, GY!BE) to keep a close eye on Fox's wily use of that "ephemeral recording" provision during football season.
My Dad VS Yours "No Farm No Food No Future"