Pity the Fool: Survivor Sues Newt Gingrich for Co-Opting "Eye of the Tiger"

Band gets in the legal ring with Tea Party favorite for using the anthem without their permission

By Josh Grossberg Jan 31, 2012 6:40 PMTags
Rocky 3, Newt GringrichMGM; ABC/ DONNA SVENNEVIK

If Newt Gingrich thinks he's Rocky Balboa, he's got another think comin'.

The Republican presidential contender is on the receiving end of a lawsuit filed by '80s rock band Survivor, which is seeking to stop him from using their 1982 hit, "Eye of the Tiger," from the Rocky III soundtrack to pump up the crowds at his campaign rallies.

Talk about a body blow...

Per the complaint filed in federal court in Chicago, Rude Music Inc.—a company owned by Frank Sullivan, one of the members of Survivor—accused Gingrich of deploying the rock ditty without the group's permission as entrance music at various political arenas.

Of course, moviegoers better know "Eye of the Tiger" as the Grammy-winning tune accompanying Rocky's climb back to the heavyweight championship after getting knocked out by Mr. T's Clubber Lang in the third installment of the series.

But according to court docs, Newt first began playing "Eye" in violation of the copyright when he spoke at the 2009 Conservative Political Action Conference and in subsequent appearances there. He also used it in 2010 at the Southern Republican Leadership Conference as well as the theme for his candidacy during the past year.

"As his campaign for the Republican presidential nomination has ramped up, Mr. Gingrich and Newt 2012, Inc. have caused a recording of 'Eye of the Tiger' to be publicly performed at numerous campaign appearances by Mr. Gingrich," states the complaint.

Sullivan wants a court order barring further use of "Eye of the Tiger" by Gingrich and seeks unspecified damages.

Rude Music's attorney, Annette McGarry, tells E! News that Survivor will not comment on the suit but did note, "this isn't about politics, this is about copyright law."

A spokesperson for the Republican hopeful's campaign could not be reached for comment.

Newt's not the first politician facing legal action from Survivor over unauthorized use of their anthem. The rockers previously went after former Republican presidential nominee John McCain for doing the same thing.

And they're not the only ones.

A few years ago, David Byrne sued former Florida governor Charlie Crist for using the Talking Heads classic "Road to Nowhere." Heart sent a cease-and-desist to Sarah Palin for using their 1977 gem "Barracuda." And both Katrina and the Waves and Tom Petty sent similar notices to Michelle Bachmann for using their respective songs.

—Reporting by Baker Machado