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Gideon, what you are failing to realize is that copyright protects the creator/owner of he music from having it used in a fashion that they do agree with.
Here are three quick examples.
Moby. Moby licenses his music to a ton of products and companies, but he explicitly says he will not license his music to companies that make weapons or do any kind of animal testing/animal cruelty. If Smith and Wesson decided to use his song on a video they made, he could sue them and he would win. It makes no difference if they making money off the video or not, he doesn't want to be associated with them and he has that right.
Your girl Marie Digby. You bring this girl up every time people talk about music copyrights. So say Marie writes an original song that I like. I decide to use it in my newest movie Sodomy Sluts #4- Return of The Ass Fuckers. Marie decides she doesn't want to be affiliated with Sodomy Sluts #4. She can sue me and will win. It doesn't matter if I am not hurting her sales.
Political campaigns. Often politicians will adopt a "theme song", a song they play at all their rallies and appearance. Many times they don't ask permission to use this song, they just do it. There have been a few different cases in recent years where the artists didn't want to be affiliated with that politician and sued to make them stop using their song and won. Again, it makes no difference if they didn't cost the singer a sale or harm them in any way, the singer doesn't want it affiliated with that person and they have that right.
Remember copyright allows the copyright owner control over the right to copy, distribute and adapt the work. It doesn't always have to be about money.
I know you don't care and I know you will give me a 12 point post on the VCR and the Diamond Rio and you will splatter 18 kinds of shit against the wall in a circular argument in an effort to confuse everyone into thinking you are right, but in this case you are wrong. If you use someone's music in your movie without getting permission/paying the licensing fee and they decide to sue, you are fucked. Especially when they use your music in a for profit venture which is exactly what is happening here.
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