CNN
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The day after President Joe Biden dropped out of the presidential race and endorsed Kamala Harris to turn out to be the Democratic presidential nominee, CNN reported that Beyoncé had given her sign-off for the Vice President to make use of “Freedom” as her official marketing campaign track. So, it was a seemingly antagonistic selection when the Republican nominee’s marketing campaign performed the identical Beyoncé track because the backdrop of a current social media video to showcase former President Donald Trump.
From Celine Dion and Foo Fighters to Bruce Springsteen and Prince’s property quite a few artists through the years have objected to using their music by the Trump marketing campaign. However relying on how and the place their music is used, musicians could have grounds to take motion past rebuking, based on authorized consultants.
In Beyoncé’s case, it wasn’t only a social media submit. The Trump marketing campaign has additionally used her music throughout at the very least one rally this summer time, regardless that Beyoncé endorsed the Biden-Harris ticket in 2020 and is a longtime Democratic supporter.
Her track “Texas Maintain ‘Em” from the album “Cowboy Carter” was performed at a Trump occasion on July 31 on the New Holland Area in Harrisburg, Pennsylvania, based on a video of the rally considered by CNN.
Beyoncé’s representatives didn’t reply to CNN’s requests for remark. However final week, Rolling Stone reported her label threatened to ship a cease-and-desist to the Trump marketing campaign after that they had used “Freedom” within the social media video, which was posted by Trump’s marketing campaign spokesperson, Steven Cheung.
Shortly after Beyoncé’s staff reportedly threatened authorized motion, the video was taken down.
In a press release to CNN, Cheung stated he used “Freedom” to impress the opposing celebration.
“The aim of the submit simply proved the purpose that Democrats are all about banning issues, together with freedom. They fell for it hook, line, and sinker,” Cheung stated.
Music licensing and approval
Licensing music and acquiring rights and clearances is an costly, sophisticated and litigious enterprise. Film studios frequently pay a whole lot of 1000’s of {dollars} to acquire the rights to a single track, whereas manufacturers will pay tens of millions to repeat a tune in commercials to assist promote a product.
Political campaigns are not any exception.
“A license is required for any use of music whether or not in a venue, conference, on-line through YouTube or social media platform,” legal professional Heidy Vaquerano, a Los Angeles-based associate on the legislation agency Fox Rothschild who focuses on music, informed CNN.
Even when a license is obtained, artists should still be capable to object to using their music by political campaigns.
Simply days in the past, Foo Fighters stated they did not authorize the Trump marketing campaign to make use of their track “My Hero,” which was performed at a rally in Arizona the place Trump was joined by Robert Kennedy Jr., shortly after he endorsed the previous president. A consultant for Foo Fighters informed CNN the band was not requested permission by the Trump marketing campaign, and stated any royalties acquired “because of this use will probably be donated to the Harris/Walz marketing campaign.”
Trump’s spokesperson, Cheung, informed CNN, “We now have a license to play the track.”
However the band’s consultant reiterated, “Foo Fighters weren’t requested permission, and in the event that they had been they’d not have granted it.”
There are some authorized protections for artists round using their identify, picture or likeness. Even with a public efficiency license to play a track at a rally, the Trump marketing campaign might be in violation of an artist’s publicity rights or a “false endorsement, the place use of an artist’s work implies [an] artist helps the candidate,” Vacquerano stated.
To ensure that a political marketing campaign to make use of an artist’s track on social media, the marketing campaign must attain out to songwriters, the writer and the artist’s label for approval, she added.
When Trump ran in 2016 and 2020, Rihanna, Phil Collins, Neil Younger, Pharrell, Rolling Stones, Adele, Weapons N’ Roses and the property of the Beatles all spoke out about Trump utilizing their music. That sample has continued this election cycle.
Earlier this month, Dion’s “My Coronary heart Will Go On” was performed at a Trump rally in Bozeman, Montana, together with a video of the star singing on the large display screen. After videos surfaced on social media, the singer’s staff spoke out.
“Under no circumstances is that this use licensed, and Celine Dion doesn’t endorse this or any comparable use…And actually, THAT track?” her staff posted on X.
The property of Isaac Hayes took issues a step additional, submitting a copyright infringement swimsuit towards Trump for utilizing the soul artist’s songs at rallies, additionally naming the Trump marketing campaign, the Republican Nationwide Committee and the Nationwide Rifle Affiliation among the many defendants.
Within the criticism, Hayes’ property stated Trump started utilizing Hayes’ materials as “outro” music at marketing campaign occasions in 2020 and have continued to make use of his music in 2024, as seen in one in every of Trump’s recent posts on Reality Social wherein Hayes’ track “Maintain On, I’m Comin’” could be heard enjoying at a rally.
In response to courtroom paperwork obtained by CNN, attorneys for the property declare that the marketing campaign has not “obtained a legitimate public efficiency license,” and are asking for “compensatory damages for the unauthorized use” of Hayes’ music. Hayes’ property was granted an emergency listening to on the matter in federal courtroom on September 3.
“See you in courtroom,” Hayes’ son posted on X.
Trump has not publicly commented on the matter.
Vaquerano believes that the Hayes property has a viable case.
“If the marketing campaign didn’t acquire the mandatory licenses,” the legal professional stated, “Then every use of the music constitutes a brand new infringing use and the respective copyright house owners could be entitled to statutory damages and precise damages for lack of gross sales, licensing, income or different provable monetary loss triggered by way of the music within the Trump marketing campaign.”
Trump is understood to be selective about music. Sources with first-hand information informed CNN that Trump chooses a few of his rally songs himself. At his Mar-a-Lago residence in Florida, he’ll select the patio playlist on an iPad arrange for friends at his dinners, based on these sources.
Again on the stump, Trump could also be well-served to stay with music by artists who’ve endorsed him, like Child Rock.
CNN’s Kristen Holmes contributed to this report.