Trump Faces Legal Battle Over Unauthorized Use of Copyrighted Songs in Campaign
ICARO Media Group
In a continuation of a long-standing issue, former President Donald Trump's campaign is now contending with two lawsuits accusing him of illegally playing copyrighted songs at his rallies. Artists including Neil Young, Beyoncé, Foo Fighters, and Abba have lodged complaints against Trump's campaign for nearly a decade, but the recent lawsuits have escalated the matter.
The first lawsuit was filed by Isaac Hayes's estate, and a federal judge in Atlanta granted a temporary order banning Trump from playing the soul classic "Hold On, I'm Coming," co-written by Hayes. The judge ruled that Trump's use of the song constituted copyright infringement and created a false association tarnishing the late artist's legacy. While the ruling prevents the song from being played at future campaign events, existing videos featuring the song can still be accessed.
The second lawsuit was brought by Guyanese-British musician Eddy Grant, who accused the Trump campaign of using his '80s hit "Electric Avenue" without obtaining a synchronization license for visual media content. Trump's legal team has argued that the use of the song falls under fair use, as it served a satirical political message and did not have a commercial purpose. The timing of the judge's decision on this case remains uncertain.
These lawsuits highlight the complex legalities of copyright infringement in the digital, streaming, and licensing era, particularly in political campaigns. Experts believe that the outcomes of these cases could set important precedents regarding the use of popular music in such campaigns.
Dana Gorzelany-Mostak, associate professor of music at Georgia College and co-creator of Trax on the Trail, a research project studying music in U.S. presidential campaigns, remarked on the recurring pattern of Trump's use of copyrighted songs in his campaigns. Gorzelany-Mostak views it as a kind of "noise" that has become the "Trump soundtrack," gathering attention from attorneys, musicians, and fans alike.
While obtaining the rights to use a song at a political event through licensing packages is typically straightforward, artists have the right to object to their music being used by politicians. In such cases, artists can contact their respective performing rights organizations (PROs), which will then request the campaign to cease using the music. Failure to comply could result in legal action and potential significant damages for copyright infringement.
The issue of unauthorized use of music by politicians is not exclusive to Trump. Presidential candidates from both parties have faced objections from musicians regarding the use of their songs at campaign events. However, it has been predominantly Republican candidates, including George W. Bush, Newt Gingrich, and Mitt Romney, who have faced the most criticism.
As the legal battles over unauthorized song usage in political campaigns continue, it remains crucial for politicians to navigate the complexities of copyright laws and obtain proper permissions. Failure to do so can lead to significant legal consequences and tarnish an artist's reputation.