Former Survivor member sues Gingrich for using ‘Eye of Tiger’

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Updated: January 31, 2012 11:48PM

A founding member of the rock band Survivor says Newt Gingrich is using the band’s biggest hit — “Eye of the Tiger” — without permission at campaign appearances, according to a federal copyright infringement lawsuit filed Monday.

Frank M. Sullivan III, a founding member of Survivor, owns Rude Music, a Palatine-based company that publishes his musical compositions.

Sullivan and Jim Peterik, of Burr Ridge, co-wrote “Eye of the Tiger,” the theme song for “Rocky III” and the No. 1 song in the country for 1982, the federal lawsuit said. The song won Grammy and People’s Choice awards, and was nominated for an Oscar. It has been copyrighted since June 7, 1982, the suit said.

Gingrich began using the song as early as 2009 during political conferences and public events, the suit claims.

The suit also names the American Conservative Union for posting internet video recordings of its 2010 and 2011 conferences that featured Gingrich and the “Eye of the Tiger” song.

The suit claims copyright infringement and seeks that Gingrich and the ACU stop using unauthorized performances of the song. It also seeks damages, any profits gained from using the song, attorney fees and court costs.

Kristy Campbell, an ACU spokeswoman, said she hadn’t seen the lawsuit as of late Monday afternoon, but would be reviewing past music licensing agreements. A spokesman for Gingrich was not immediately available for comment Monday.