The Ongoing Battle Over Political Rallies and Music Rights
For years, a recurring theme has shadowed Donald Trump’s political campaigns: complaints from musicians regarding the unauthorized apply of their music. This isn’t a new phenomenon, and it highlights a complex intersection of copyright law, political strategy, and artist rights. While often framed as simple copyright infringement, the reality is far more nuanced.
The Blanket License Loophole (and Its Exceptions)
Many initial complaints from artists stem from a misunderstanding of how music licensing works. Venues hosting rallies often hold blanket performance licenses from organizations like BMI and ASCAP. These licenses generally permit the public performance of a vast catalog of songs. However, these licenses aren’t a free pass. Best practice dictates that campaigns proactively seek permission from artists, even when a blanket license appears to cover the use. Avoiding public complaints and potential backlash is a strategic benefit, even if a strict legal claim isn’t immediately viable.
Pre-1972 Recordings: A Legal Gray Area
The situation becomes significantly more complicated when dealing with sound recordings made before 1972. Historically, federal copyright law didn’t protect sound recordings, leading to a patchwork of state laws. This means that the blanket licenses offered by BMI and ASCAP may not fully cover these older recordings, potentially requiring a separate, direct license from the copyright holder. This legal ambiguity has fueled numerous disputes and court cases.
Recent Legal Battles and Settlements
The Trump campaign has faced several legal challenges related to music usage. Pharrell Williams publicly objected to the use of his music following a tragic shooting, and the campaign ultimately lost a copyright suit to Eddy Grant over the use of “Electric Avenue” in a campaign video. More recently, in February 2026, the Trump campaign settled a lawsuit brought by the estate of Isaac Hayes over the song “Hold On, I’m Comin’,” co-written by Hayes and performed by Sam & Dave. While the settlement terms remain undisclosed, the case underscores the financial and reputational risks associated with unauthorized music use.
The Artist Rights Alliance and Collective Action
Beyond individual disputes, a growing movement of artists is advocating for greater control over how their music is used in political contexts. A group including Mick Jagger, Lorde, Sia, and others, in collaboration with the Artist Rights Alliance, have signed a letter demanding that politicians obtain permission before using their music at rallies and public events. This collective action signals a shift in the industry, with artists increasingly willing to assert their rights and protect their artistic integrity.
ABBA and Recent Incidents
The issue continues to surface. In August 2024, the Trump campaign played ABBA songs – “Money, Money, Money,” “The Winner Takes It All,” and “Dancing Queen” – at a rally in St. Cloud, Minnesota, further illustrating the ongoing pattern of unauthorized use.
Future Trends and Potential Solutions
Several trends are likely to shape the future of this issue. Increased legal clarity regarding pre-1972 recordings is crucial. Courts are currently grappling with these complexities, and consistent rulings will provide much-needed guidance. The growing awareness among artists and the advocacy efforts of organizations like the Artist Rights Alliance will likely lead to more proactive enforcement of copyright protections. The availability of opt-out options within blanket licenses, allowing artists to remove their songs from political campaign playlists, offers a degree of control, but relies on artists actively monitoring and exercising those rights.
The Rise of Digital Rights Management
Advancements in digital rights management (DRM) technology could also play a role. While DRM is often controversial, it could potentially be used to restrict the use of music in unauthorized political contexts. However, the effectiveness of DRM is often limited by technological workarounds.
FAQ
- Is it legal for a political campaign to use a song if the venue has a blanket license? It’s legally complex. While a blanket license covers many public performances, it doesn’t necessarily authorize use in a way that could be considered infringing, especially with pre-1972 recordings.
- What can artists do if their music is used without permission? Artists can issue cease-and-desist letters, pursue legal action for copyright infringement, and utilize opt-out options offered by performing rights organizations.
- Are pre-1972 recordings treated differently under copyright law? Yes. Federal copyright law didn’t originally cover sound recordings, leading to a patchwork of state laws that still apply to recordings made before 1972.
Pro Tip: Artists should proactively register their copyrights and monitor the use of their music, especially during election cycles.
Seek to learn more about copyright law and artist rights? Explore additional resources on the Artist Rights Alliance website.