Using Music in Political Campaigns: Misuse, Copyright Infringement, & Litigation

Over the years, the power of music has been an integral piece in energizing a crowd, whether through a specific song used at a political rally or in a campaign video on social media. However, there are legalities when it comes to the use of songs, especially when the musician doesn't want to be tied to a specific political candidate or a candidate uses a song without the musician’s permission. Back on August 29, 2024, deputy director of communications for the Trump campaign, Margo McAtee Martin, posted a short clip on X of Donald Trump boarding a plane, set to the opening riff of the widely popular song, “Seven Nation Army” by the band The White Stripes. In response to the post, guitarist and lead singer of the rock duo, Jack White, wrote on his Instagram page, “Oh….Don’t even think about using my music you fascists…“Lawsuit coming from my lawyers about this (to add to your five thousand others..)” On September 9th, Jack & his bandmate, Meg White, filed a copyright infringement lawsuit against Trump & company for the “flagrant misappropriation” of their song.  In this episode, Craig is joined by Joseph Fishman, Professor of Law at Vanderbilt University School of Law and Professor at the Blair School of Music, as they discuss The White Stripes' recent lawsuit against Donald Trump for the unauthorized use of their song "Seven Nation Army". Craig & Joe will talk about copyright infringement, and the legalities behind the use of songs in campaigns. Mentioned in This Episode: Donald Trump Infringed ‘Electric Avenue’ By Using Song In Campaign Video, Judge Rules