Esme Hernandez
Since 2016, a variety of celebrated musical artists have objected to the usage of their work by Trump’s campaign. Several of them have filed lawsuits and issued cease and desist letters, but many of them have decided to pursue the battle outside of the legal field.
At the start of September, Jack White of the White Stripes made a post to Instagram of the band’s complaint against the Trump Campaign for the misappropriation of the song “Seven Nation Army”, bearing the caption “This machine sues fascists.”[1] The suit, which has since been dropped, alleged that the campaign broke federal copyright laws by using their song over a video of the then presidential nominee boarding a plane.[2]
Even artists who have passed have had their families and estates object to the use of their songs by the Trump campaign. The estate of songwriter Isaac Hayes likewise sued Trump in August, alleging 134 counts of copyright infringement after asking the campaign cease the use of his song “Hold On, I’m Comping” at various campaign rallies from 2022 to 2024.[3] The Hayes estate set an August 16 deadline for a response from the campaign, which passed without response from the Trump campaign. On September 3, 2024, the U.S. District Court for the Northern District of Georgia issued a preliminary injunction temporarily banning the campaign from playing the Sam & Dave song.
Hayes’ estate argued that the use of the song was not only copyright infringement, but also suggested an association that tarnished the artists’ legacy.
In June, famed pop group ABBA requested the Trump campaign discontinue the use of their music at campaign rallies. In response, the Trump campaign told the Associated Press that they had obtained a license to play music through their agreement with BMI and ASCAP.[4] The campaign typically acquires public performance rights to songs through blanket licensing deals with organizations like American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc (BMI).
In 2020, many musicians including Mick Jagger, Lorde, the Rolling Stones, and Regina Spektor, signed an open letter demanding that political campaigns seek permission before using their music at public events. That same year, Neil Young sued Trump for copyright infringement in the U.S. District Court for the Southern District of New York. According to Business Insider, the suit was "quietly settled for an undisclosed sum four months after it was filed."[5]
The varied success of these suits, which often end with the complaint dissipating, seem to suggest that the best route for artists to take if they would like to resist the use of their music by the Trump Campaign is a healthy mix of legal action and public statements, as the Foo Fighters did in August 2024.[6] After the Trump Campaign used the Foo Fighters’ song My Hero to introduce Robert Kennedy, Jr., the band released a statement mentioning that any increased royalties from usage of the song would be donated to the Harris presidential campaign.[7]
[1] See Jack White (@officialjackwhite), Instagram, https://www.instagram.com/p/C_tXSPEp678/?hl=en [https://perma.cc/DX4R-57BZ] (last visited December 23, 2024).
[2] Aruni Soni, White Stripes Voluntarily End Trump Campaign Copyright Suit, Bloomberg Law (Nov. 11, 2024) https://news.bloomberglaw.com/ip-law/white-stripes-voluntarily-end-trump-campaign-copyright-lawsuit [https://perma.cc/KH9R-BE82] [https://web.archive.org/web/20241123014822/https://news.bloomberglaw.com/ip-law/white-stripes-voluntarily-end-trump-campaign-copyright-lawsuit].
[3] See Isaac Hayes (@isaachayes), X, https://x.com/isaachayes/status/1822749426642735492/photo/3 [https://perma.cc/63YM-E6FC] (last visited December 23, 2024).
[4] Mark Kennedy, Pop group ABBA ask Donald Trump to stop using their songs, but Trump team says they have the OK, AP News (Aug. 29, 2024) https://apnews.com/article/abba-trump-campaign-1965f788ab05e835b7facc1cddae8ed2 [https://web.archive.org/web/20241219172306/https://apnews.com/article/abba-trump-campaign-1965f788ab05e835b7facc1cddae8ed2].
[5] Laura Italiano, Trump lawyers are set to argue in court this week that the hit '80s song 'Electric Avenue' wasn't properly copyrighted, Business Insider (Sep. 2, 2024), https://www.businessinsider.com/trump-says-eddy-grant-failed-copyright-electric-avenue-song-lawsuit-2024-9 [https://perma.cc/9WHC-AZSC] [https://web.archive.org/web/20241206073324/https://www.businessinsider.com/trump-says-eddy-grant-failed-copyright-electric-avenue-song-lawsuit-2024-9].
[6] Ben Blanchet, Foo Fighters Have Blunt 1-Word Reply To Trump Using Song For RFK Jr. Intro, The Huffington Post (Aug. 24, 2024) https://www.huffpost.com/entry/foo-fighters-trump-my-hero-rfk-jr-rally_n_66c965cee4b0a191f3d00e3a [https://perma.cc/8D2F-G4AK] [https://web.archive.org/web/20241010072441/https://www.huffpost.com/entry/foo-fighters-trump-my-hero-rfk-jr-rally_n_66c965cee4b0a191f3d00e3a]
[7] Melinda Newman, Foo Fighters Did Not Allow Donald Trump to Use ‘My Hero’ at Rally, Will Donate Any Royalties to Harris Campaign, Billboard (August 23, 2024) https://www.billboard.com/culture/politics/foo-fighters-donald-trump-my-hero-rally-1235760416/ [https://perma.cc/YP4A-DYMV] [https://web.archive.org/web/20241118014624/https://www.billboard.com/culture/politics/foo-fighters-donald-trump-my-hero-rally-1235760416/].