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[Note: This material is copyright by the Daily Iowan, and is reproduced here as a matter of "fair use" for non-commercial, educational purposes only. Any other use may require the prior approval of the Daily Iowan.]

These parodied lyrics to the iconic Hawkeye song, used in a recent ad campaign by the Iowa Lottery, have prompted demands from the owner of the song's copyright to stop using the famed tune in its commercials.

In a cease-and-desist letter from the law firm Gang, Tyre, Ramer, & Brown Inc., the Iowa Lottery was told that Rosemary Willson, whose now-deceased husband, the composer Meredith Willson, wrote the song, did not approve the parody. The Beverly Hills, Calif., firm also asked for all copies, records, and information about profits from the campaign.

"Be advised that any exploitation by you [or authorized by you] of this composition without authorization from the publisher is a violation of copyright potentially subjecting you to criminal as well as civil liability," the letter read.

The ads began when Learfield Communications Inc., the owner of Hawkeye Sports Properties - the official media rights holder for Hawkeye athletics - solicited the lottery about a campaign featuring the giveaway of a UI-themed Dodge Caliber, lottery spokeswoman Tina Potthoff said.

The lottery then contacted the Integer Group, a sales-promotion agency that devised seven concepts for the campaign. Lottery officials eventually chose the commercial with the parodied fight song, which was later approved by Iowa Athletics Director Gary Barta - who had not seen the ad - and the university's sports-marketing department.

"Ultimately, the idea to use the 'Iowa Fight Song' lies with Integer," Potthoff said on Monday.

The Iowa Lottery paid $14,400 to Hawkeye Sports Properties to use the song, as well as Hawkeye logos, in the commercial, Potthoff said.

The parties involved are now researching legal options. The letter demanded that the lottery follow Willson's demands by Feb. 19, but Potthoff said its campaign ended at its scheduled date of Feb. 11.

UI officials are investigating why they do not own the rights to the song, and they have taken steps to halt the ad campaign, said Steve Parrott, the director of University Relations.

"We have to realize that [the 'Iowa Fight Song'] is something that we do not own, and we need to seek permission [to use the song]," he said.

Barta, who has since publicly apologized for the use of the song in the ad campaign, could not be reached for comment on Monday. UI General Counsel Marc Mills declined to comment.

Marketing featuring Iowa schools is nothing new for the Iowa Lottery, Potthoff said. In addition to the UI, the Iowa Lottery has used icons affiliated with Iowa State University and the University of Northern Iowa in its advertisements in the past 20 years.

This firm represents Meredith Willson Music the owner of the Iowa Fight Song written by Meredith Willson. We understand that you are using this composition in a television commercial for the Iowa Lottery and the Dodge Caliber automobile and on your Internet website. Our client has no record of having licensed your use of this composition. Moreover we understand you are using the composition with parody or altered lyrics which is something our client would not have consented to in any event. Be advised that any exploitation by you (or authorized by you) of this composition without authorization from the publisher is a violation of copyright potentially subjecting you to criminal as well as civil liability. As you now are on notice of these facts any further copyright infringement would be willful carrying severe penalties. This is a formal demand on behalf of our client that you immediately cease and desist from any further distribution or exploitation of this composition and that you arrange for any and all copies which are in your possession or under your control to be forwarded to us immediately together with an accounting of (a) all use you have made of the composition including where when or how performed broadcast or copied; and (b) all monies you have received in connection with use of the composition. If you fail to comply with the requests and demands set forth above within ten days after the date of this letter our client has instructed us to take any action we deem appropriate to protect our client's rights without the courtesy of further notice to you. This letter does not purport to be a full statement of the facts and circumstances or of our client's position in this matter and is written without limitation of or prejudice to any of our client's rights or remedies all of which are hereby expressly reserved.

Very truly yours,
GANG TYRE RAMER & BROWN INC