ONTDU Law School Special Seminar: Republicans vs Musicians Who Humiliated Them
Welcome to ONTDU Law School's Special Seminar, Republicans vs Who Humiliated Them: Copyright Law and Music Use in Politics.
Today's seminar will examine politicians belonging to the American Republican Party ("GOP"), specifically those who have been dissed and dismissed by musicians who do not want to be associated with them.
✨Why would an artist want to stop a politician from using their music?✨
According to actual lawyer Leslie Farber (member of the New Jersey Bar, New York Bar, and Pennsylvania Bar), "this typically happens when an artist has differing political beliefs than the candidate using their music, and becomes concerned that the use of their material might be seen as an endorsement."1
✨Why might musicians want to distance themselves from the GOP?✨
If you are new here (planet earth), please go home, this is the bad place. The Party likes to brag that it was founded on the movement to end slavery2. It passed the Civil Rights Act of 1866 and pretty much stopped doing anything for Black and brown people at that point. The Vox video3 below is a decent recap of the GOP from Lincoln to Trump. idk, I skimmed ~40 pages in the name of being informed but between calling for a "human life amendment"4 to force women to give birth and using the actual literal phrase "the Nanny state" I am SICK. You can read the rest of their hypocritical platform of mental gymnastics if you feel you don't know enough just by existing in this timeline.
Let's say you're a musician and your beautiful work of art, your song, your voice, is being used by a Republican. Gross! What's a chanteuse to do?
⚖️Did you write your own song?⚖️
Songwriter(s) automatically receive copyright for their original creation. Congratulations! This gives you more power.
⚖️Did the GOPer share it online?⚖️
U.S. copyright law prohibits the dissemination of copyrighted work online without permission, so holders can file for a violation. This is (I believe) what happened when Marjorie Taylor Greene received a cease-and-desist letter from Dr. Dre's lawyer.5 And yes, copyright ownership extends to both the lyrics and chord progression, MTG! Better brush up before you head back to work to literally write and pass the laws of this country!7 🫠
⚖️Did the GOPer play the song in public?⚖️
Songs can be played without copyright holder permission in public venues (like stadiums and arenas) that have a public performance license. BUT this does not count for political conventions or campaign events!
⚖️Did a GOP campaign manager purchase the rights for political events?⚖️
If yes, then they can play the song at in-person events. Campaign managers can purchase an ASCAP (the major music performing rights organization) Political Campaign License agreement which provides a blanket license to perform any or all of the millions of compositions in the ASCAP repertory. However, ASCAP members may ask ASCAP to exclude specific songs from a particular political campaign's license.6
At this point, my hypothetical songbird, you have two last legal lines of defense.
Right of Publicity - a legal argument that artists have a right to not be associated with a subject they find objectionable, or
The Lanham Act - covers confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use. Both Steven Tyler and Rihanna used these methods to prevent Trump from using their music.
THE SHIT LIST
The following politicians were either asked, publically humiliated into, or legally obligated to cease using music in political campaigns:
MIKE HUCKABEE
Boston, "More Than a Feeling"
SCOTT WALKER
Dropkick Murphys, "I'm Shipping Up to Boston"
GEORGE H.W. BUSH
Bobby McFerrin, "Don't Worry, Be Happy"
PAUL RYAN
Twisted Sister, "We're Not Gonna Take It"
MARCO RUBIO
Axwell & Ingrosso, "Something New"
TED CRUZ
Explosions in the Sky, "Your Hand in Mine" (also used by Greg Abbott, the audacity of these two ghouls)
MICHELE BACHMANN
Katrina and the Waves, "Walking on Sunshine"
Tom Petty, "American Girl"
BOB DOLE
Sam & Dave, "Soul Man"
Bruce Springsteen, "Born in the U.S.A."
RONALD REAGAN
Bruce Springsteen, "Born in the U.S.A."
John Mellencamp, "Pink Houses"
NEWT GINGRICH
Journey, "Don't Stop Believin'"
Survivor, "Eye of the Tiger"
The Heavy, "How You Like Me Now?"
SARAH PALIN
Gretchen Peters, "Independence Day"
Heart, "Barracuda"
Bon Jovi, "Who Says You Can't Go Home"
THE REPUBLICAN NATIONAL CONVENTION
Earth, Wind, & Fire, "September"
George Harrison's estate/The Beatles, "Here Comes the Sun"
Leonard Cohen's estate, "Hallelujah"
GEORGE W. BUSH
Sting, "Brand New Day"
Orleans, "Still the One"
John Mellencamp, "R.O.C.K. in the U.S.A."
Tom Petty, "I Won't Back Down"
MITT ROMNEY
Silversun Pickups, "Panic Switch"
Al Green, "Let's Stay Together"
K'naan, "Wavin' Flag"
Survivor, "Eye of the Tiger"
Twisted Sister, "We're Not Gonna Take It"
JOHN McCAIN
Jackson Browne, "Running on Empty"
Orleans, "Still the One"
Foo Fighters, "My Hero"
Van Halen, "Right Now"
John Mellencamp, "Our Country" and "Pink Houses"
Abba, "Take a Chance on Me"
DONALD TRUMP
Ozzy Osbourne, "Crazy Train"
Laura Branigan, "Gloria"
Twisted Sister, "We're Not Gonna Take It"
🧾BIBLIOGRAPHY
1https://www.lfarberlaw.com/post/can-artists-prevent-politicians-from-using-their-music
2https://gop.com/about-our-party/
3https://www.youtube.com/watch?v=s8VOM8ET1WU
4https://prod-static.gop.com/media/Resolution_Platform.pdf
5https://ohnotheydidnt.livejournal.com/125035045.html
6https://www.ascap.com/~/media/files/pdf/advocacy-legislation/political_campaign.pdf
7Fun fact! A cease and desist letter is not legally binding, although it is a formal step that may be followed by a lawsuit if the recipient ignores it. MTG may not know that because she is, in fact, a big dummy! https://www.investopedia.com/terms/c/cease-and-desist.asp
🎶MUSIC SOURCES
one two three four five turmp
The contents of this long-ass post are intended for general information purposes only and should not be construed as legal advice or opinion in any specific facts or circumstances.
fingers crossed for the html. mods, approve this whenever you feel like! i spent way more time on this than was reasonable and i'm going to bed.