Claim: The band Survivor are suing Kim Davis and Mike Huckabee for $1.2 million for unauthorised use of their song “Eye of the Tiger”.
Originated from: NBC.com.co
Date(s) active: Sept 2015
Rumours claiming that band Survivor are suing Kim Davis and Mike Huckabee over the unauthorised use of their “Eye of the Tiger” song when Davis was released from prison are spreading online. The rumours assert that Survivor are suing for $1.2 million. The rumours trace back to an article on NBC.com.co that reads in part –
The band Survivor has filed a $1.2 million lawsuit against Kim Davis and Mike Huckabee over the unauthorized use of its hit song “Eye of the Tiger.”
Davis, the Kentucky clerk who was jailed after refusing to issue marriage licenses to same-sex couples, was released Tuesday morning, after serving six days in prison, to the sound of Survivor’s classic song “Eye of the Tiger.”
The story contains both elements of truth and fiction.
* Yes, Kim Davis did use the song “Eye of the Tiger” when she was released from prison and met with hundreds of supporters, along with presidential hopeful Mike Huckabee.
* Yes, Survivor were not happy with the unauthorised use of their song. They said as much via their Facebook page and Jim Peterik – co-founder of the group – stated they would issue a Cease & Desist order to stop them using the song.
* There are no confirmed reports that Survivor have sued either Kim Davis or Mike Huckabee at the time of writing. Speculation amongst certain sites, including TMZ, discuss briefly the possibility of an upcoming lawsuit, but none has been filed [at the time of writing], let alone a $1.2 million lawsuit which is a detail that appears to be have been completely fabricated. If a lawsuit is filed, we will update.
Could Survivor sue Huckabee or Davis? Possibly. There is precedent where artists have sued in the past for such cases, though $1.2 million is a rather “pie in the sky” amount. Usually such cases are settled out of court followed by public apologies.
* The story on NBC.com.co refers to a Harvard Law Professor named Paul Horner. This is a fictional character associated with lots of other fake news articles.
* NBC.com.co – where this rumour started – is not NBC, nor affiliated with them.
Ultimately the story is fake, exploiting genuine news and creating a false twist, as the most popular fake news articles often do. NBC.com.co, the site that claimed Survivor were suing for $1.2 million, is NOT affiliated with NBC. It is a fake news website that popularly publishes nonsense news.
NBC.com.co is part of a growing number of websites ending in “.co” that attempt to disguise themselves as reputable brands. The list of fake websites doing this includes NYTimes.com.co, washingtonpost.com.co and USAToday.com.co. These are fake news websites and nothing on them should be taken seriously.
Despite most sites having a disclaimer somewhere on the site claiming that the articles they publish are not real, at the time of writing NBC.com.co does not seem to have any.
Perhaps what is more perplexing about the whole debacle is how NBC.com.co – a site that publishes FAKE news – has managed to get into the hard-to-qualify-for Google News!