USATODAY: The beats go on: Trump keeps dancing as artists get outraged over his use of their songs
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mud
Aug 14 '24, 10:19
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The beats go on: Trump keeps dancing as artists get outraged over his use of their songs
Former president Donald Trump continues to be threatened with lawsuits and cease-and-desist notices due to the Republican presidential nominee using copyright protected songs at rallies.
The Village People's "YMCA" can be heard blaring at Donald Trump's rallies causing attendees to dance. Still, while the disco group has not voiced irritation for using their hit song, other artists have not been shy about condemning their music being played on the former president's 2024 campaign trail.
Issac Hayes' estate threatened to sue Trump over the Republican presidential nominee using Sam & Dave's "Hold On, I'm Comin," a song that the singer helped write. Hayes' son, Isaac Hayes III, shared a copy of a copyright infringement notice, filed by attorney James Walker and issued to Trump, demanding his campaign pay $3 million in licensing fees.
"Donald Trump epitomizes a lack of integrity and class, not only through his continuous use of my father's music without permission but also through his history of sexual abuse against women and his racist rhetoric," Hayes III first wrote on Instagram Saturday. "This behavior will no longer be tolerated, and we will take swift action to put an end to it."
Hayes is not the only musical artist who has threatened or pursued legal action against Trump for using their songs at his rallies without permission, as Celine Dion and Sinéad O'Connor's estate have also criticized the 78-year-old. Others, including "God Bless the USA" singer Lee Greenwood and "All Summer Long" singer Kid Rock, have been supporters of Trump and have seemingly allowed the former president to play their music.
Here are some of the songs that have created issues for Trump on the campaign trail, and how music copyright laws impact these claims.
Is Trump violating copyright laws?
To use a musical artist's songs legally, an individual could go about it three different ways, according to the U.S. Copyright Office.
Use a musical work that is already in the public domain. If a song is in the public domain, either it was never protected by copyright or its term of protection has expired. All copyright protection has a limited time, per the U.S. Constitution. If new contributions were made to a work in the public domain then it may be copyright protected.
Get permission from the copyright holder directly, or license the work according to the terms set by the licensing contract. Federal copyright protection for sound recordings began on February 15, 1972. The Music Modernization Act gives certain protections, and exceptions to those protections, to pre-1972 sound recordings.
Rely on a statutory limitation or exception, such as fair use or the Section 115 license for musical works, which requires copyright owners to give exclusive rights to anyone who wants to make or distribute phonorecords of their works.
If Trump or anyone else does not obtain the rights to use a song, the copyright holder has the "right to pursue legal action," the U.S. Copyright Office says. Copyright lawsuits are also generally decided in federal court, the government office added.
Celine Dion
Song title: "My Heart Will Go On"
What happened: Trump got in hot water earlier this month with Celine Dion after he used her song "My Heart Will Go On" from the movie 'Titanic." Dion shared a statement on her Instagram, saying that her management team and her record label, Sony Music Entertainment Canada Inc., "became aware of the unauthorized usage of the video, recording, musical performance, and likeness" of the song at the rally.
"In no way is this use authorized, and Celine Dion does not endorse this or any similar use…And really, THAT song?" the statement continued.
Sinead O'Connor
Song title: "Nothing Compares 2 U"
What happened: Sinéad O'Connor's estate demanded in March that Trump stop using her song during his rallies in Maryland and North Carolina, also saying in a statement how it is "no exaggeration to say that Sinéad would have been disgusted, hurt, and insulted."
"As the guardians of her legacy, we demand that Donald Trump and his associates desist from using her music immediately," the statement continued. "Throughout her life, it is well known that Sinéad O'Connor lived by a fierce moral code defined by honesty, kindness, fairness and decency towards her fellow human beings."
Prince
Song title: "Purple Rain"
What happened: While campaigning for the 2020 presidential election, Trump got slammed by Prince's estate for using the singer's song "Purple Rain" during a campaign rally in Minneapolis in October 2019. His use of the song came a year after he promised to stop using the deceased singer's works.
"President Trump played Prince’s 'Purple Rain' tonight at a campaign event in Minneapolis despite confirming a year ago that the campaign would not use Prince’s music," according to a post shared by Prince's official X account at the time. "The Prince Estate will never give permission to President Trump to use Prince’s songs."
Tom Petty
Song title: "I Won't Back Down"
What happened: The family of singer Tom Petty sent Trump a cease-and-desist notice in June 2020 after he used the song "I Won't Back Down" during a rally in Tulsa, Oklahoma.
"Trump was in no way authorized to use this song to further a campaign that leaves too many Americans and common sense behind," reads a statement on Petty's X account, signed by daughters Adria and Annakim along with his widow Dana Petty and ex-wife Jane Benyo.
"Both the late Tom Petty and his family firmly stand against racism and discrimination of any kind. Tom Petty would never want a song of his used for a campaign of hate. He liked to bring people together. Tom wrote this song for the underdog, for the common man and for EVERYONE... the Petty family doesn't stand for this."
The Smiths
Song title: "Please, Please, Please, Let Me Get What I Want"
What happened: Johnny Marr, former guitarist for The Smiths, asked Trump to stop using the rock band's songs during rallies. Marr voiced concern after seeing a video showing Trump using the band's song "Please, Please, Please, Let Me Get What I Want" at a rally in South Dakota in 2023.
"Ahh…right…OK. I never in a million years would’ve thought this could come to pass," the British rocker wrote on X Wednesday. "Consider this shut right down right now."
Linkin Park
Song title: "In the End"
What happened:Linkin Park sent a cease-and-desist letter to Trump after his team shared a video post on X using the rock band's song "In the End." Trump removed the video, which had the song layered over a recording of his inauguration speech, from his X account.
"Linkin Park did not and does not endorse Trump, nor authorize his organization to use any of our music. A cease and desist has been issued," the band shared in an X post on July 2020.
Creedence Clearwater Revival
Song title: "Fortunate Son"
What happened:John Fogerty, former frontman for Creedence Clearwater Revival, denounced Trump's unauthorized use of the band's song "Fortunate Son" in October 2020. Trump played the rock band's 1969 hit at his campaign events, including a September rally in Freeland, Michigan.
"I object to the President using my song, 'Fortunate Son' in any way for his campaign," Fogerty wrote in a statement posted to X. "He is using my words and my voice to portray a message that I do not endorse."
Fogerty added that he is "issuing a ‘cease and desist’ order."
Neil Young
Song titles: "Rockin’ in the Free World” and “Devil’s Sidewalk”
What happened:Neil Young posted a lawsuit against Trump on his archives website in August 2020, claiming that the politician violated copyright laws when he played “Rockin’ in the Free World” and “Devil’s Sidewalk” at rallies and other events.
"Imagine what it feels like to hear ‘Rockin’ in the Free World’ after this president speaks, like it is his theme song," Young wrote on his website. "I did not write it for that."
Pharrell Williams
Song title: "Happy"
What happened:Pharrell Williams sent a cease-and-desist letter to Trump in October 2018 after he played the songwriter's 2014 smash hit "Happy" at a political event in the Midwest.
Aerosmith
Song title: "Livin’ on the Edge”
What happened:Steven Tyler, frontman for Aerosmith, sent Trump a cease-and-desist letter in August 2018 after he played the rock band's song “Livin’ on the Edge” at a rally in Charleston, West Virginia.
“Mr. Trump is creating the false impression that our client has given his consent for the use of his music, and even that he endorses the presidency of Mr. Trump,” Tyler’s legal team said in a letter. "What makes this violation even more egregious is that Mr. Trump’s use of our client’s music was previously shut down, not once, but two times, during his campaign for presidency in 2015."
Rolling Stones
Song title: "You Can't Always Get What You Want"
What happened: The Rolling Stones threatened to sue Trump in June 2020 after he used their song "You Can't Always Get What You Want" as his walk-off music on numerous occasions, Reuters reported.
"This could be the last time President Donald Trump uses Stones songs," a news release sent out by the Stones' reps said, per Reuters. "Despite cease & desist directives to Donald Trump in the past, the Rolling Stones are taking further steps to exclude him using their songs at any of his future political campaigning... If Donald Trump disregards the exclusion and persists, then he would face a lawsuit for breaking the embargo and playing music that has not been licensed.”
Phil Collins
Song title: "In the Air Tonight"
What happened: Phil Collins' team served Trump a cease-and-desist order he played "In the Air Tonight" during an Iowa rally on October 14, 2020, according to Billboard.
Panic! At The Disco
Song title: "High Hopes"
What happened: Brendon Urie, frontman for Panic! At The Disco, told Trump in an X post to stop playing the band's music after he played the song "High Hopes" while walking on stage at a 2020 rally in Phoenix, Arizona.
"Dear Trump Campaign, (expletive) you," the singer posted on X in June 2020. "You're not invited. Stop playing my song."
Rihanna
Song title: "Don't Stop the Music"
What happened: Rihanna sent out a cease-and-desist notice to Trump after learning he played her song "Don't Stop the Music" during a rally in Chattanooga, Tennessee in November 2018, Rolling Stone reported.
"Me nor my people would ever be at or around one of those tragic rallies," Rihanna wrote in an X post in November 2018.
Guns N' Roses
Song title: "Sweet Child O' Mine"
What happened: Axl Rose of Guns N' Roses requested in 2018 that Trump not use the rock band's music anymore after "Sweet Child O' Mine" was played during a political event.
"Unfortunately the Trump campaign is using loopholes in the various venues’ blanket performance licenses which were not intended for such craven political purposes, without the songwriters’ consent," Rose wrote in an X post in November 2018.
R.E.M.
Song titles: “Everybody Hurts” and “Losing My Religion.”
What happened: Michael Stipe, the frontman for R.E.M., said the band sent Trump a cease-and-desist notice in January 2020 after he used their songs “Everybody Hurts” and “Losing My Religion" at his campaign rallies, CNN reported.
“We are exploring all legal avenues to prevent this, but if that’s not possible please know that we do not condone the use of our music by this fraud and con man,” Mike Mills wrote in an X post.
Elton John
Song titles: "Rocket Man" and "Tiny Dancer"
What happened: Elton John said in 2016 that he did not want his songs played at political events, including at Trump's rallies, the Guardian reported. Trump played "Rocket Man" and "Tiny Dancer" as warm-up music in 2016 for his rallies.
"I don't really want my music to be involved in anything to do with an American election campaign. I'm British. I've met Donald Trump, he was very nice to me, it's nothing personal, his political views are his own, mine are very different, I'm not a Republican in a million years," John told the Guardian.
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