Column is filed. And as promised, I have marshaled my investigative reporting skills to unlock the mystery of why Rush went after Kentucky GOP Senate candidate and 47-year-old Rush fan Rand Paul. (Paul's feelings about this will remain a mystery for now--his campaign didn't return my calls.)
Yesterday, I had the pleasure of speaking with Rush's lawyer, Bob Farmer, an extraordinarily cheerful guy who does a lot to knock down the stereotypes about lawyers. Or maybe Canadian lawyers are just friendlier about suing people. Either way, Bob answered all my questions, and even helped point me to a place where I found period-appropriate three-quarter-sleeved Rush t-shirts like I used to wear in high school. (I'm buying this sweet Grace Under Pressure one and expensing it to The Atlantic. Shhh.) Here's an edited transcript of our interview:
Me: So what contact have you had with the Rand Paul campaign about Rush's music?
Bob Farmer: I got David Adams's phone number--he's Paul's former campaign manager--it was a day before he got fired. I called the number and said "Hi, it's Bob Farmer, I'm a lawyer for Rush." And he said, "Oh, we're big Rush fans! We're driving down the interstate." I listened, you know, but there was no Rush on in the background!
Think they were lying?
I don't know. The strangest thing about this story is not so much that they used the music, [it's that] they've never gotten back to me! They haven't called me! They haven't said a word. Apparently Rand Paul has gone to ground, you can't find him!
I couldn't get a call back...
Yeah, I know. Defending BP was the last anybody heard from him.
Well, my part of the story is I was there on election night, and all of the sudden Rush comes on, blasting. I've been to a million campaign rallies, and you hear John Fogerty a lot and that boot-in-your-ass country guy, but never Rush. It was so unexpected. So I tweeted it, and then [I go onto to explain...] Anyway, I got lots of comments from people who wanted to know further details. Specifically, what was Rush's problem with Rand Paul? Was it copyright? Was it politics? I promised my commenters I'd ask.
Well, it's copyright and trademark. You just saw him at the election night rally, but there was, for awhile--I'm happy to send you a copy of the letter [pdf] I sent them. They were using "Tom Sawyer" to raise money and that sort of thing. When was the last time you saw Rush endorse something? Anything?
Well, I'm not Canadian. But there's a difference between actively endorsing a candidate and passively allowing your music to be played, isn't there? Or is that not a distinction you guys make?
As you probably know, Rush controls its music very tightly. This was simply a copyright thing. I mean, first of all, they're Canadians, what do they know about American politics? They can't vote down there. The other problem was, Rand Paul was quoting the Rush lyrics in his campaign speeches--
--Yeah, because he found some kind of convergence or something between whatever it is he believes--I really don't know his politics--and these Rush songs. Well, you know, he probably thinks "American Pie" is about food! [Laughs heartily] You can't control what people think your music is about. So to us this is simply a copyright issue.
I'll take your word on that, but ordinarily what you see in American politics is a conservative politician like Reagan who takes a shine to the music of a liberal like Bruce Springsteen, and so there are clear political conflicts between artist and politicians. But according to Rush fans and my commenters--not sure it's 100 percent accurate--Rush as a band had an interest in libertarianism and Ayn Rand.
Well, again, this goes back to interpreting music in different ways. There's no way you can make a conclusion about various things. It's a simple issue, and, for me, a legal issue: he's using the music in ways that are illegal.
But on the question of politics, I don't think I've encountered a politician as libertarian as Rand Paul or a band that had any libertarian interests the way Rush seems to have. So it's striking to me that in this case of libertarian convergence there's this animosity. Does Rush consider themselves libertarians, or did they back when they did those albums?
I have no idea.