IN the wake of the release of controversial Kentucky county clerk Kim Davis from jail this week, the songwriter behind Survivor’s Eye Of The Tiger is considering taking her to court for an alleged $1.2 million for using their song without permission.

Davis, who walked triumphantly on stage to a cheering audience after being released from the Carter County Detention Center, did so to the sound of the 1982 rock classic.

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Frankie Sullivan, the guitarist and main songwriter from Chicago band Survivor, said he did not give the Rowan County, Kentucky, official any permission to use the song.

“I would not grant her the rights to use Charmin!” Sullivan wrote on Facebook, referring to a brand of toilet paper.

Also speaking publicly about the unauthorised use of the song was the band’s co-founder Jim Peterik.

“The song has motivated thousands through the years to reach beyond their limits,” he told Billboard magazine.

“Its use for the release of Kim Davis does not support my views or my politics.”

According to TMZ the band is now considering a lawsuit.

This is not the first time the band has sued over the unapproved use of their song. In 2012 the band sued then-presidential candidate Newt Gingrich for using Eye Of The Tiger as his entrance music at campaign rallies, which resulted in an out-of-court settlement.

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