Former President Donald Trump has drawn the ire of another musical group for unauthorized use of their music. This time, it’s the Foo Fighters.
Trump played the band’s song “My Hero” when he welcomed former independent candidate Robert F. Kennedy Jr. to the stage at a rally in Arizona on Friday[…]
[…]The spokesperson added that any royalties received as a result of the Trump campaign’s use of the song will be donated to the campaign of Vice President Kamala Harris and Gov. Tim Walz.
Is there not one? Seems like I, a person, can’t just publicly use a song for my own gains if an artist really wanted to stop me. A politician, also a person (albeit a wealthy one) is still targetable by the artist right.
Like sure, rich asshole just gets a slap on the wrist fine and it gives their lawyers more more to do. But there is a law about this right?
Generally the person who recorded the music would have a performance copyright on that recording. This is often sold, licensed, or otherwise given to another group to distribute that recording such as through CDs or streaming. That same performance can also frequently be licensed for use in videos, commercials, public displays, etc.
If the campaign purchased a license from the distributor to play the recording at a public event, there really isn’t any consultation with the original artist. Hence, an artist’s music being used for something they do not agree with.
If they did not purchase a license, that’s when the lawyers are unleashed.
I used to think the same, but ASCAP has a very nice, easy to understand page about licensing for political events that is super informative.
I posted this up a level, but being as you seemed to have a better understanding about this than most other commenters, I wanted to post this as a reply to you too so you would see it.
If the campaign events are properly licensed, can the campaign still be criticized or even sued by an artist for playing their song at an event?
Yes. If an artist is concerned that their music has been associated with a political campaign, he or she may be able to take legal action even if the campaign has the appropriate performance licenses. The campaign could potentially be in violation of other laws, unrelated to music licensing:
The artist’s Right of Publicity, which in many states provides image protection for famous people or artists The Lanham Act, which covers confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use False Endorsement, where use of the artist’s identifying work implies that the artist supports a product or candidate
As a general rule, a campaign should be aware that, in most cases, the more closely a song is tied to the “image” or message of the campaign, the more likely it is that the recording artist or songwriter of the song could object to the song’s usage by the campaign.
I believe there has been a ruling on this though, it came up back in 2016. Trump used another artists music at a rally, and the artist couldn’t sue but could force the Trump campaign to stop using their discography. Only after if they used it again they could sue.
