Former President Donald Trump has drawn the ire of another musical group for unauthorized use of their music. This time, it’s the Foo Fighters.
Trump played the band’s song “My Hero” when he welcomed former independent candidate Robert F. Kennedy Jr. to the stage at a rally in Arizona on Friday[…]
[…]The spokesperson added that any royalties received as a result of the Trump campaign’s use of the song will be donated to the campaign of Vice President Kamala Harris and Gov. Tim Walz.
This kind of bullshit needs a law to be honest.
Politicians should need direct approval before using copyright music in campaigns.
Is there not one? Seems like I, a person, can’t just publicly use a song for my own gains if an artist really wanted to stop me. A politician, also a person (albeit a wealthy one) is still targetable by the artist right.
Like sure, rich asshole just gets a slap on the wrist fine and it gives their lawyers more more to do. But there is a law about this right?
It is a law. That’s why he keeps getting taken to court to pay up.
It is a law. That’s why he keeps getting taken to court to pay up.
Well I’m sure this slap on the wrist will be the one that causes him to mend his ways.
Generally the person who recorded the music would have a performance copyright on that recording. This is often sold, licensed, or otherwise given to another group to distribute that recording such as through CDs or streaming. That same performance can also frequently be licensed for use in videos, commercials, public displays, etc.
If the campaign purchased a license from the distributor to play the recording at a public event, there really isn’t any consultation with the original artist. Hence, an artist’s music being used for something they do not agree with.
If they did not purchase a license, that’s when the lawyers are unleashed.
I used to think the same, but ASCAP has a very nice, easy to understand page about licensing for political events that is super informative.
I posted this up a level, but being as you seemed to have a better understanding about this than most other commenters, I wanted to post this as a reply to you too so you would see it.
If the campaign events are properly licensed, can the campaign still be criticized or even sued by an artist for playing their song at an event?
Yes. If an artist is concerned that their music has been associated with a political campaign, he or she may be able to take legal action even if the campaign has the appropriate performance licenses. The campaign could potentially be in violation of other laws, unrelated to music licensing:
The artist’s Right of Publicity, which in many states provides image protection for famous people or artists The Lanham Act, which covers confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use False Endorsement, where use of the artist’s identifying work implies that the artist supports a product or candidate
As a general rule, a campaign should be aware that, in most cases, the more closely a song is tied to the “image” or message of the campaign, the more likely it is that the recording artist or songwriter of the song could object to the song’s usage by the campaign.
I believe there has been a ruling on this though, it came up back in 2016. Trump used another artists music at a rally, and the artist couldn’t sue but could force the Trump campaign to stop using their discography. Only after if they used it again they could sue.
If you’re thinking of the Neil Young case, it seems Neil dropped it, possibly after a settlement, but maybe not, as he doesn’t sound mad in the article.
As the bit I posted said, if the artist objects, the campaign can’t play it anymore, but Trump and Co ignored multiple cease and desist orders, and that is what brought the lawsuit. So we are both correct.
There’s still a pending lawsuit over a campaign video that used Electric Avenue, but that hasn’t gone to court yet.
This kind of bullshit needs a law to be honest.
It’s is a law.
Seriously, performers need to DMCA the shit out of him! He’s no doubt received cease and desist letters and continues to violate copyright laws.
Even better, sue his ass and donate the money received to Harris in his honor!
He’s not violated any laws in this one specific case. When you are signed to a label or group under one of the major labels and members of the riaa. They offer blanket licensing for any music covered by their labels to restaurants venues etc etc etc. An artist can request their music be restricted. But that also impacts revenue and royalties for them. Which in this case Dave Grohl I’m sure is more than fine with. He’s not one of The Starving Artists. And honestly his response realistically is the best that you Can get. Donating the royalties earned to their opponent is probably about the biggest thing you could get them to reconsider using the music LOL
It is a law. It’s covered under copyright. Trump’s just ignoring the law (as usual).
You know there’s an entire specialized subset of the legal profession that deals specifically with copyright law, don’t you?
In this case, the problem isn’t the law. It’s the judicial system.
There is no subset specific to politicians using copyright music.
Generally the venue or organizer purchases a generic performance license allowing them to broadcast most copyright music. This exempts them from needing to ask each specific artist.
That’s why these artists are donating the licensing fees they’re getting, because they WERE paid something.
It’s just that artists can usually complain and terminate specific uses (after they know about them) for future performance.
I respectfully disagree.
We shouldn’t be making laws about what artists mean because artists won’t be alive forever to defend their works.
Edit: y’all are an interesting bunch.
It’s even worse when an estate or a record company defends those works.
Oh you use a chord from a song I inherited the rights to? See you in court.
Generally the artists know enough about what went into making the art to know when they’re getting ripped off or it’s a new work that is coincidentally the same, or just inspired by their work, or maybe it is their work but being used in a cool way so it’s fine by them. That’s not the case with someone (or some company) that inherits the rights and are just milking it for what it’s worth.
For example this video was taken down for copyright infringement. Luckily David Bowie was still alive then and noticed and told his lawyers to lay off.
Another example, John Carpenter told his lawyers to lay off the Metal Gear franchise because he liked the games.
When commenting on the Trump campaign’s use of “My Hero,” a spokesperson for the band told CBS News on Saturday: “Foo Fighters were not asked permission and if they were, they would have not granted it.”
The spokesperson added that any royalties received as a result of the Trump campaign’s use of the song will be donated to the campaign of Vice President Kamala Harris and Gov. Tim Walz.
Haha. There go my heroes.
But seriously, that’s a great middle finger towards Trump. I still remember how quite a few artists seemed intimidated to speak out against conservatives in the mid-noughties (the whole Iraq invasion fiasco). It’s good to see many artists today defiantly standing up to conservative hate-mongers.
Gah, the poor Dixie Chicks
Actually they learned a valuable lesson about “their base” and it’s part of the reason they’re not “the Dixie” chicks anymore.
Yeah, but I really wish they kept the Dixie part of their name as it refers to a geographical location and not the institution of slavery.
The demonization of the south really bugs me as someone from North Carolina.
Plus “The Chicks” is kinda generic
As someone living in GA and previously lived in Florida and also being parked skinned, the assumptions of the south are indeed not always correct… but enough stuff is happening in these places that I gotta say it’s much lower in my list of priorities. Let’s get some of this nasty stuff gone before getting upset about stereotypes. I do think I agree with your statement of the name though.
Brendon Urie did it 4 years ago when he outright told Trump to fuck off and stop playing High Hopes at his rallies.
The equivalent today would be coming out as pro-Palestine.
This happens every election cycle.
First Taylor Swift, now the Foo Fighters?!?! Damn Donald, wanna piss off Dolly Parton fans next?
Didn’t they already kinda do that?
ETA: Yup, they did.
The exhausting 24hr news cycle must’ve deleted this from my brain to make more room for storage. Of course they went after Dolly, there is no shame and there is no low too low for these traitorous scumbags
Include Isaac Hayes and Celine Dion.
This is the perfect approach. He can’t play it without donating to Harris out of his campaign funds. That will actually make him stop.
Only thing is, he never pays anyone, so are they even going to get any royalties?
They can still say the money they donated was money from Trump’s use, standard fees.
Better than that, someone should put up a page itemizing all the times Trump’s campaign contributes to Harris/Walz. Make it show up at the top of the search results. Links to it on the DNC webpage.
ASCAP nicely has a whole page set up to ELI5 the licensing of music for political events.
I always had a lot of assumptions, but this breaks it down very nicely.
What music is covered by the ASCAP license for political campaigns?
The ASCAP political campaign license agreement provides a blanket license to perform any or all of the millions of musical works in the ASCAP repertory. However, ASCAP members may ask us to exclude some or all of their works from a particular political campaign’s license. In that event, ASCAP will notify the campaign of the excluded works.
If the campaign events are properly licensed, can the campaign still be criticized or even sued by an artist for playing their song at an event?
Yes. If an artist is concerned that their music has been associated with a political campaign, he or she may be able to take legal action even if the campaign has the appropriate performance licenses. The campaign could potentially be in violation of other laws, unrelated to music licensing:
-
The artist’s Right of Publicity, which in many states provides image protection for famous people or artists
-
The Lanham Act, which covers confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use
-
False Endorsement, where use of the artist’s identifying work implies that the artist supports a product or candidate
As a general rule, a campaign should be aware that, in most cases, the more closely a song is tied to the “image” or message of the campaign, the more likely it is that the recording artist or songwriter of the song could object to the song’s usage by the campaign.
ASCAP
The dog people!?
That’s ASPCA lol
Not quite, but you could say they’re the dogs of enforcing royalties! Har har!
I’m bad at telling if people are serious or not, so I’ll give a real answer too.
ASCAP is the American Society of Composers, Authors and Publishers. You’re on lemmy.ca, so in Canada, the equivalent is SOCAN, Society of Composers, Authors and Music Publishers of Canada. Their front page gives a pretty good run down of the purpose of these organizations.
Basically they enforce copyright and royalties collection. They license copyright music for public use and distribute that money to artist, somewhat like a brick and mortar Spotify for people hosting public events or social settings.
I got to make a joke and also learn something!
That’s a win-win!
In the aaaarms of the laaaaawyers…
-
As soon as I heard it O knew David Growl would not approve
I’m sorry that you had to pay attention to an Arizona Trump rally.
Lol at David Growl.
rawr
He should have learned by now. If He wants to use a song, check if it was recorded by Kid Rock. If not, don’t use it.
Cmon don’t sell him short…there’s also Ted Nugent
Trump to Vance:
“Aim for the bushes”
moments later: “I SAID BUSHES, NOT CUSHIONS”
This made me lol
Hey GOP there will always be Ted Nugent. Lol
Jailbait
Stormtroopin’
Wang dang sweet poontang
Seems a solid set list would be available.
The list gets longer with pretty much every song they play, LOL!
George Harrison’s estate denounced the use of the Harrison-written Beatles song “Here Comes the Sun” after the Trump campaign used the song to introduce Ivanka Trump at the 2016 Republican National Convention.
The estate noted that Trump did not have permission to use this song, but that they would consider allowing him to use the Harrison song “Beware of Darkness”.
🤣🤣
That’s crazy, I had no idea.
Seriously! That’s quite a mix tape right there…would be a good listen on an extended road trip!
I love how the right idolize certain rock bands having no clue that 99.9% are left leaning. Especially the ones that talk about ragtm, syoad etc, like they are rad left if anything
Fun fact, actually the drummer of SOAD is a Trump supporter. Serj has said he’s mystified about it. You’re right about the other three members though.
That makes me sad, though all I’m familiar with is serj and Daron
I was when I found out too
I like when they play “Born in the USA” and “Fortunate Son” during 4th of July fireworks displays.
FFS Donald, don’t fight the Foo.
I think Trump’s strategy of “Literally piss off everyone and make yourself an enemy of pretty much everyone” is sure to get him elected and it needs to keep doing it. Maybe he should start using racial slurs and directly antagonizing law enforcement?
So Trump is what Foo is? Keeping fighting that Foo Foo fighters!
So Trump is what Foo is?
You’re one letter off.
“The spokesperson added that any royalties received as a result of the Trump campaign’s use of the song will be donated to the campaign of Vice President Kamala Harris and Gov. Tim Walz.”
So… they won’t be donating any money to the Harris/Walz campaign?
It’ll just require a lawsuit first. So I guess they’ll donate it to the Harris Walz 2028 campain
