A federal judge has ordered the Trump campaign to stop playing “Hold On, I’m Coming” in the wake of litigation filed by co-writer Isaac Hayes’ family.
“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,” Isaac Hayes III said in a post on Instagram.
It’s a temporary win for the Hayes family. The judge issued a temporary injunction, which means the merits of the complaint are still to be resolved.
The White Stripes – Jack and Meg White – have filed a federal lawsuit alleging the Trump campaign misappropriated and infringed on the copyright of their “Seven Nation Army” song at rallies and in a campaign video, according to CNN.
Other artists don’t file suit, but nonetheless voice their objections, most frequently against the Trump campaign.
- Celine Dion objected to the use of her hit “My Heart Will Go On” at a Trump rally.
- The Foo Fighters maintain that the Trump campaign has no right to use their song “My Hero,” a claim Trump’s team has denied.
- Earlier this year, the estate of Sinead O’Connor called for the Trump campaign to stop playing her rendition of the Prince song “Nothing Compares 2 U.”
- The members of ABBA have complained about Trump’s use of hits like “Dancing Queen” and “The Winner Takes It All.”
Can songwriters and performers limit the use of their songs for political purposes?
Yes, though the scope of those rights depends on a number of factors. Although songs are free expression, it’s not the First Amendment that governs their use. It’s all about contract law.
Music may seem omnipresent in our lives, but it’s not free. The music in your coffee shop, at your gym, on your podcast and in the movie you’ve just watched was all licensed.
Music is valuable intellectual property. Songwriters are compensated for their work via publishers and music-rights organizations. Record companies can license the use of recordings to be used in commercials and other media.
When you license music, it’s like ordering a meal from a menu. You decide what you want and you pay accordingly. Would you like to use it in a restaurant? A dance performance? A political rally? There’s a license for that.
Theaters, bars and other businesses that use a wide range of popular music can buy licenses that give them access to large catalogs for the entertainment of their patrons. Use of a song in another medium, though, typically involves negotiation for a song for a specific project, which can be highly lucrative for those who own the song rights.
When someone alleges that a song is wrongfully being used in a campaign, there are several possible explanations.
One would be that the campaign in fact has no license or right to use the song.
A second is that a license is in place, but that the campaign failed to pay for this particular use.
A third possibility, of course, is that the artist or songwriter deeply dislikes the candidate and is offended by the use of his song for this particular political purpose, even though the campaign has a license.
The former president does have his own musical supporters, including Kid Rock, Jason Aldean, Kanye West, Billy Ray Cyrus, MIA and DaBaby, according to a roster maintained by Billboard Magazine.
Ken Paulson is the director of the Free Speech Center at Middle Tennessee State University and a former president of the First Amendment Center.
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