Tuesday November 5th, 2024 6:14PM

Artists who object to Trump using their songs from Celine Dion and Isaac Hayes' estate: How it works

By The Associated Press

NEW YORK (AP) — Pop powerhouses, American classics, British artists and the estates of deceased legends — many musicians have objected to Donald Trump using their songs at campaign events.

After a video of Celine Dion performing her hit “My Heart Will Go On” was broadcast at a Trump campaign rally in Bozeman, Montana last weekend, the response from her team was swift.

“In no way is this use authorized, and Celine Dion does not endorse this or any similar use,” a statement posted on social media read. "…And really, THAT song?”

Dion joins a long list of performers who've objected to Trump using their songs. Ahead of the 2020 election, that included Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddy Grant, Panic! at the Disco, R.E.M. and Guns N' Roses.

It also includes the estates of deceased performers, too, like Leonard Cohen, Tom Petty and Prince, as well as English acts from across the pond, like the Rolling Stones, the Beatles and Adele.

However, Trump has obtained the cosign from a few celebrity musicians, including Kid Rock and Lee Greenwood, known for his patriotic anthem, “God Bless the USA.” Also heard at Trump's rally Thursday in Asheville, North Carolina: “Y.M.C.A.” by the Village People.

Who has recently rebuked the use of their songs by the Trump campaign?

Since the 2020 election, several artists have objected to the use of their music at Trump rallies. The Smiths' “Please, Please, Please Let Me Get What I Want” played at a few Trump events, including a rally in Rapid City, South Dakota last September and in January of this year at a rally in Laconia, New Hampshire. On X, the Smiths' guitarist Johnny Marr wrote, "Ahh…right…OK. I never in a million years would’ve thought this could come to pass. Consider this s—- shut right down right now.”

In 2022, David Porter, one of the songwriters behind Sam and Dave’s “Hold On, I’m Coming," tweeted “Hell to the NO!” after learning Trump used the song at an NRA rally. (In 2017, it should be pointed out, Sam Moore of Sam and Dave performed “America the Beautiful” at a pre-inauguration concert for Trump.)

Fast forward to Monday, when the son of the late soul singer Isaac Hayes, whose father co-wrote “Hold On, I’m Coming,” announced on social media that he and his family have threatened legal action against Trump “for 134 counts copyright infringement for the unauthorized use of the song ‘Hold On I’m Coming’ at campaign rallies from 2022-2024.”

Can artists legally object to their songs being used in political campaigns?

Yes, however, artists rarely have full control over where, when, and how their music is played. Performing rights organizations that represent most recognizable recorded music — ASCAP and BMI — require political campaigns to obtain licenses that allow them to use large troves of songs from their vast catalogs.

That means a political campaign does not have to do individual negotiations over every song used.

If a political license is acquired, artists can object to its use, and the song is pulled from the license.

The issue, of course, is that not every campaign immediately honors those requests.

And it is important to note that these political licenses go beyond a public performance license, which allows venues to play copyrighted music.

What are some other examples of artists objecting to the use of their songs in campaigns?

Continuing with “Hold On, I'm Coming”: In 2008, Moore asked former President Barack Obama, then still a candidate, to stop using the song. He didn't want it to be considered an endorsement. They complied.

After Obama was elected president, Moore performed at the Creative Coalition’s Inaugural Ball alongside Sting and Elvis Costello.

How do artists stop politicians from using their songs?

They can send cease-and-desist letters, like Pharrell Williams did after his song "Happy” was played at a Trump rally in 2018. John Fogerty did the same in October 2020 over the Trump campaign's use of “Fortunate Son” by his band Creedence Clearwater Revival.

Few escalate to the point of suing, but it is not unheard of: Neil Young filed a lawsuit in August 2020 over the Trump campaign’s use of his music including “Rockin’ in the Free World." He later voluntarily dismissed the case “with prejudice," which means it cannot be brought again.

Eddy Grant sued Trump in September over the use of his 1980s hit “Electric Avenue” in a Trump campaign animated video that mocked Joe Biden.

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