Some of music's biggest stars are opposing the use of their songs at Donald Trump's rallies in an attempt to block his bid for the White House.
In the last month alone, a number of well-known artists, including Jack White of The White Stripes, Foo Fighters, ABBA and Celine Dion, have stepped up their criticism of Trump for blasting their best-known songs at his political events and using their work in his campaign videos.
In a scathing Instagram post this week, White slammed Trump's deputy communications director, Margo Martin, for sharing footage of the 45th president en route to two campaign rallies with The White Stripes' 2003 hit “Seven Nation Army” playing in the background.
“Oh….you fascists, don't even think about using my music,” White wrote.
“I have a lawsuit pending from my lawyer about this (in addition to 5,000 others),” the musician said.
White's legal threats come just weeks after the family of the late soul singer Isaac Hayes filed a lawsuit against the Trump campaign. The $3 million suit alleges copyright infringement over the use of “Hold On, I'm Coming,” a 1966 Sam & Dave song co-written by White, at a Trump campaign rally going back two years.
Thursday's message Social Platform XThe entertainer's son, Isaac Hayes III, said the family “looks forward to our day in court.”
The Foo Fighters tried to fight back against Trump playing their song “My Hero” at a recent campaign rally in Arizona by inspiring fundraisers for their political opponents.
A Foo Fighters spokesperson told ITK last week that all royalties the band earns from the song will be donated to Vice President Harris' campaign.
A Trump spokesman told The Hill that the campaign had “license to play the song.”
When asked about the recent rise in artists speaking out about the use of their music, Trump spokesman Steven Chang appeared to reference Foo Fighters lyrics in a statement to ITK.
“It's times like these that show us that what's important for artists isn't freedom, it's money, money, money,” Chang said. “But the country will keep moving forward and President Trump will take back the White House to save America.”
According to Kenneth Freundlich, a Los Angeles-based entertainment lawyer and copyright expert, playing a song at a political rally involves two rights: the song itself and the recording of the song.
“I always say this: Irving Berlin wrote 'White Christmas' but Bing Crosby recorded it, so Irving Berlin has to get the rights and Bing Crosby has to get the rights,” Freundlich explained.
“You don't have to get the rights from anyone to play a recording at a rally, you can just play it. But when it comes to songs, campaigns have what's called a blanket license, which they usually get from a collecting organization like ASCAP or BMI,” said Freundlich law firm litigation lawyers, referring to the American Society of Composers, Authors and Publishers and the Broadcast Music Association.
Opposition to President Trump's use of their music has grown louder in recent weeks.
In early August, Celine Dion distanced herself from the Trump campaign after her smash hit, “My Heart Will Go On,” was performed at the 45th president's rally in Montana.
“Such use is not authorized in any manner whatsoever and Celine Dion has not endorsed this or any similar use… and indeed, that song,” a statement posted to Dion's Instagram account said, referring to the track featured in the 1997 blockbuster film “Titanic.”
Swedish pop group ABBA also spoke out against the Trump campaign's reported performance of “The Winner Takes It All” at a rally in Minnesota this summer.
“ABBA recently discovered through a video posted online that their music and videos were used without permission at a Trump event,” the band said in a statement to The Associated Press this week, adding that they “have requested that such content be removed.”
A Trump campaign spokesman told The Associated Press that the campaign “holds licenses to play ABBA's music through agreements with BMI and ASCAP.”
“The problem is, if an artist sends a letter to a foreign rights group saying, 'I don't want this song used politically,' then the campaign doesn't have the right to use it politically,” Freundlich said. But that typically only happens after a music star's song has been performed at a political event.
When asked why the Trump campaign continues to play songs by popular artists only to be repeatedly rejected by the public, Imani Cheers, an associate professor of digital storytelling at George Washington University, said music has a “really incredible ability to create atmosphere.”
“One of the things the Trump campaign is trying to capitalize on is creating a lot of enthusiasm and energy at his rallies,” she said.
Cheers said Trump was able to rely on “his bravado” and personality to draw crowds when he ran for president in 2016 and 2020. He suggested that in 2024 Trump may need to rely increasingly on a soundtrack to get crowds “pumped up, excited and engaged.”
Because much of Hollywood, including singers and musicians, leans left, there have been no public complaints from artists about Harris' use of music in her campaign. In July, Beyoncé reportedly gave Harris' team permission to use her song “Freedom” in campaign activities. The Harris campaign played the song during some campaign stops, In her first ad.
Trump's campaign has resonated with some of the biggest names in music: Country singer Jason Aldean sat next to the former commander in chief at the Republican National Convention in Milwaukee this summer, and Kid Rock took the stage at the same event after praising Trump as “a great president of the United States.”
But Trump's critics in the music world “have the same right as anyone else to have their likeness used wherever they see fit” and have the right to speak out “if it's being used in a place that doesn't align with our morals and values,” Cheers said.
While there may be plenty of talk of legal action, Freundlich said some artists and lawyers may be hesitant because such lawsuits typically take a long time to unfold, and a new president will almost certainly be in place before any litigation moves forward significantly.
“This is what most people [artists] “The reason you litigate is because you end up getting bogged down quickly and by the time you get to any kind of resolution, you're years down the road,” Freundlich said.
“Most of the time, people just put it out there, and most of the time, once it's out there, the campaign stops using it,” he said, noting that there are some exceptions. In 2009, Don Henley sued then-California Senate candidate Chuck DeVore (R) for using his songs “The Boys of Summer” and “All She Wants to Do Is Dance” in videos posted to YouTube. settlement An agreement was reached and Devore apologized to Henry in 2010.
For now, it seems more musicians are joining the same cadence in their opposition to Trump taking the stage to accompany their songs, a pattern that leaves Freundlich, the veteran lawyer, a bit perplexed.
“Frankly, at the end of the day, it doesn't reflect well on the Trump campaign for them to use all these songs and then have people come out and say, 'You can't use that,'” Freundlich said.
“That's a bit of a silly strategy, if you ask me.”
