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Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances
During his political career, former President Donald Trump has become notorious for provoking protests from a wide range artists whose music they say he uses for political purposes, at rallies and in videos, without the artists' permission. In just the last few weeks, protests have been launched by Beyoncé, Celine Dion, the Foo Fighters, Jack White and the estate of Isaac Hayes. On Aug. 29, for example, White posted on Instagram "Law suit coming from my lawyers about this" over the Trump campaign's use of a portion of The White Stripes's 2003 hit "Seven Nation Army" in a campaign video. [Update: White followed through on September 9, teaming up with White Stripes bandmate Meg White to file a suit in the District Court for the Southern District of New York, as per a posting of the first page of the Complaint on Jack White's Instagram page.]
In general, when artists do take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Copyright Infringement and Licensing
Common causes of action when such lawsuits are filed include for copyright infringement, false endorsement and violation of right of publicity.
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