CHUMBAWAMBA; WINSTON PETERS; POLITICS; MUSIC
25 MARCH 2024
What makes a 1990s one-hit wonder about getting knocked down, getting up again, never being kept down hit the headlines again in 2024?
In this BALANCER, we look at how a showdown between New Zealand's Deputy PM Winston Peters and the UK band Chumbawamba was manufactured, after a controversial political speech.
INTRODUCTION
Winston Peters - the deputy Prime Minister of New Zealand, and leader of the right-wing nationalist party New Zealand First - recently gave a 'State of the Nation' address in Palmerston North.
Peters never shies away from controversy, and in this speech one of his targets was the concept of Co-governance between the Crown and the indigenous Māori people - something championed by the previous Labour government.
Peters (himself part-Maori) is not a fan of Co-governance, and argued it had been pushed by people who held a belief in their own superiority:
A PREDICTABLE RESPONSE
It was not a scripted comment, as demonstrated by a written copy of the speech distributed to the media which didn't include those words.
And not surprisingly, the invocation of Nazi Germany made headlines immediately following the speech.
The Holocaust Centre of New Zealand said politicians should be "careful with their words" about what was a "a singular event in history", while Labour leader and former PM Chris Hipkins said “Kiwis deserve better than a deputy prime minister who behaves like a drunk uncle at a wedding”.
FROM NAZI GERMANY TO CHUMBAWAMBA?
But what then took over the news cycle was something entirely unexpected.
While entering the venue for his speech, Peters had been accompanied by the 1997 song Tubthumping, by UK band Chumbawamba.
He'd used the music before for political speeches, and on this occasion even paraphrased the song's lyrics at the end of his address.
The presence of the song was noted by many reporters at the time, without incident. But things escalated when media outlet Stuff decided to ask Chumbawamba what they thought.
WAS THIS 'A STORY'?
Well, anything can be a story, and it largely depends on what the media decides to cover on any given day - or in this case, days.
But this was not a row between Peters and Chumbawamba which got reported on - it was one created when Stuff approached the latter for comment, and which it arguably only did because of the Nazi Germany reference in the speech.
Presumably if the use of the song was a major issue, it would have been addressed during the 2023 election campaign when Peters first used it.
And these stories aren't new. Around 30 artists have opposed former U.S. President Donald Trump using their music, and many have sent formal cease-and-desist letters to his campaign.
And that's what Chumbawamba said it intended to do with Winston Peters:
WHEN MUSIC AND POLITICS COLLIDE
WHAT ARE THE RULES?
The Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society (APRA AMCOS) suggests getting "separate written approval from both songwriters and recording artists before featuring their music at your political event".
It says there are three primary risks:
- COPYRIGHT RISK: where using music protected by the Copyright Act 1994 without permission risks infringing the music owners’ copyright;
- MORAL RIGHTS RISK: where the artist considers the use of their music is “detrimental to their honour or reputation” and therefore may breach their 'moral rights' as protected under the Copyright Act 1994;
- 'PASSING OFF' RISK: where the impression that the political party is being endorsed by the artist, a claim of 'passing off' can result in a damages claim or an injunction.
The key, however, is that these are RISKS. They can definitely infringe on copyright laws, but that's generally only pursued after the fact - which may explain why politicians go ahead and use the music anyway. By the time they receive the cease-and-desist letter, the song's already been played.
MORE READING
Chumbawamba wrote Tubthumping as a working-class anthem. We won’t have it stolen by the right.
THE GUARDIAN (OPINION)
23 March 2024
Political Parties’ Guide to Music Licensing
ARPA AMCOS NZ
Australasian Performing Right Association / Australasian Mechanical Copyright Owners Society
A SIGNIFICANT DOUBLE-STANDARD?
In early 2022, a protest movement set up camp outside the New Zealand parliament, in opposition to the government's COVID-19 vaccine mandates.
Initially, garden sprinklers were turned on to try to move the protesters away.
But when that didn't work, the Speaker of the House Trevor Mallard turned to a different tactic - playing loud music, on loop, with a playlist of songs which could be considered 'annoying'.
The protesters played their own music back, and the situation was largely portrayed as humourous - British singer James Blunt even offered for his music to be used:
BUT WHERE WAS THE MEDIA COVERAGE THEN?
The major difference between then and now is a change in government.
In 2022, the Labour Party was in power, and while its vaccine mandates and strict border controls had meant far fewer deaths from COVID-19 than other countries, a portion of society was now publicly protesting against the measures.
Along with that were accusations of New Zealand's media being too 'in-step' with the Government and its directives and therefore unwilling to criticise its tactics.
For the record, The Balance can find no sign of any opposition - by either artists or media - to the aforementioned songs being used in the context of trying to disperse protesters.
Manilow, the Macarena, and Mallard versus the Parliamentary protesters
STUFF.CO.NZ
New Zealand plays songs from most-hated list in bid to disperse protesters
NPR
Police in New Zealand blast Barry Manilow music to disperse anti-vaccine protesters
CBS NEWS