Notes and Votes: Complicated Legal Battles Between Musical Artists and Campaigns
As the peak of the 2024 election cycle approaches, the use of copyrighted music in political campaigns remains a focal point of legal (and public) scrutiny, as artists challenge the unauthorized use of their work by political figures. Recent disputes involving prominent musicians like Jack White and the Foo Fighters have highlighted this issue, as they join a growing list of musicians over the last decade that have objected to their music being used at political events without permission, asserting their rights to control how their works are used. This trend was notably illustrated in the high-profile dispute between Neil Young and Donald Trump, which we reported on in an October 2020 Insight. Young’s objection to Trump’s use of his music at campaign rallies not only raised legal questions about copyright infringement but also touched on broader issues of personal and political association. We previously discussed the role played by blanket licenses at public venues, as well as the political entities licenses granted by performance rights organizations. And, while in 2020 many may have suggested the Lanham Act as the ideal framework for protecting one’s image in the political realm, we suggested — and still conclude — that copyright law appears to be the most frequent framework through which these issues can be litigated and resolved.