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this post was submitted on 24 Aug 2024
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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.
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.
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.