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Using Music in Campaigns Without Permission: Exploring the Trump Copyright Lawsuit

Updated: Sep 5



The use of music in politics is often times" controversial. Songs can evoke strong emotions and memories making them powerful tools for political messaging. However, when used without permission, it can lead to legal battles and public disputes. Artists often feel strongly about how their work Is used. Especially in political contexts that may not align with their personal beliefs.


Artists Have Rights To Their Artwork!

The family of Isaac. Hayes is suing Donald Trump and his campaign for the unauthorized use of the song "Hold on, I'm Comin" at political rallies and events. The family claims that the song, co-written by Hayes, has been used without permission 134 times over the past two years. They are demanding $3 million in licensing fees and have threatened further legal action if the campaign does not comply. This isn't the first time Trump's campaign has faced such issues. Donald Trump has used several songs without permission at his rallies and events. Some notable examples include: 


We are the Champions by queen - used during the 2016 campaign. 


Born to Run - by Bruce Springsteen used at rallies


The Eye of the Tiger - by Survivor.


Happy - by Pharrel Williams played at a rally in 2018.


You Can't Always Get What You Want - by the Rolling Stone, used during both the 2016 and 2020 campaigns.




Most recently, Donald Trump's Campaign: used Beyonce’s song Freedom in a video without her permission. The video shared by Trump's spokesperson, featured the song as Trump was departing a plane in Michigan. Beyonce’s team quickly issued a cease and desist order to stop the unauthorized use. This incident adds to the list of artists who have taken legal action against Trump's campaign for using their music without permission.


What The Experts Have to Say!

Legal experts often emphasize the importance of balancing copyright protection with free expression. They stress that copyright law grants artists exclusive rights to their work, including the right to control how it is used. Unauthorized use, especially in high-profile settings like political campaigns can lead to significant consequences: Some argue that political campaigns might claim fair use, which allows limited use of copyrighted material without permission for purposes of commentary, criticism, or parody. However this defense is weak in context of using entire songs at rallies.

A Violation of Rights?

Experts highlight the need for campaigns to obtain public performance licenses from organizations like ASCAP, BMI, O SESAC. These licenses cover the use of music in public settings and help avoid legal disputes.  In some jurisdictions artists have moral rights that protect their work from being used in ways that could harm their reputation.  They note that unauthorized use in political context can be seen as a violation of these rights.  Many point to past cases where artists have successfully sued or reached settlements with political campaigns.  These cases set important precedents and reinforce the need for campaigns to respect copyright laws. 



Overall legal experts advocate for clearer guidelines and better enforcement to ensure that artists’ rights are protected while allowing for legitimate uses of music in political contexts.  It is a complex issue with strong arguments on both sides.




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