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NerdyKeith's avatar

What are your thoughts on The Rolling Stones (amongst other music artists) requesting that Trump to stop using their music?

Asked by NerdyKeith (5489points) May 4th, 2016

Trump has played songs like ‘You Can’t Always Get What You Want’ and ‘Start Me Up’ during his rallies. However politicians don’t need an artist’s permission to use their music at rallies as long as their party has a blanket license, which covers all of the music in the group’s catalogue.

This brings up an interesting dilemma. Should music copyright laws be refined to prevent the usage of music without the express permission of the artists in cases such as this?

Source: NME

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18 Answers

RealEyesRealizeRealLies's avatar

Playing music is one thing… But associating it with a brand is a form of advertising.

Rather than asking him to stop, they should just go straight into court and demand compensation. It’s no different than if Coca Cola made a commercial with “Start Me Up” soundtrack without purchasing the song. Rallies are a form of advertising… in my opinion.

ragingloli's avatar

would an unauthorised public performance of a song not fall under copyright infringement?

Call_Me_Jay's avatar

Campaigns do pay royalties or the venues do. If they fail to do so they do get sued.

Recapping the article linked below:

1) At public events , the venue pays royalty fees

2) For commercials, you also need the artist’s permission

3) Artists have sued campaigns for hurting their brand by association. They haven’t won in court, but the campaigns stop using the music.

NPR – The Record – Music In Political Campaigns 101

ASCAP and BMI, the royalty organizations, aggressively monitor music. I worked in a retail store a long time ago, and we started playing the radio. Within a week we had a letter from an attorney telling us to turn it off or pay a fee.

Darth_Algar's avatar

Pretty much what @RealEyesRealizeRealLies said. Plus, why would any politician want the use an artist’s music after that artist has publicly spoken out against them? Kinda like when John McCain was using John Mellencamp’s ‘Little Pink Houses’ in his campaign and Mellencamp responded with “if he’s such a conservative then why is he using a very pro-populist, pro-labor song by a guy who would find no argument if you called him left-of-center?”.

ibstubro's avatar

I agree with @Darth_Algar that the musicians speaking out against the use of their music should be enough to stop it.

The problem is in defining “in cases such as this.” Would the rally have to be more than 1,000 people? 100,000? More? Or would local politicians have to stop, too?

Jak's avatar

@ibstubro How ‘bout; “In cases such as having anything remotely to do with trump”?

Buttonstc's avatar

I think they should be as loud and as vocal as often as possible and don’t quit until he stops using it regardless of the legalities involved.

I think his campaign advisors are smart enough to realize that there are plenty of songs available from artists who would be OK with it so it makes no sense to engender all the negative publicity from the Stones and others who are offended.

It was much smarter and showed so much better judgement on Bernie’s part to check in with Simon and Garfunkel regarding the use of “Look For America”

Darth_Algar's avatar

I do think the best, however, was ole’ clueless Ronnie using ‘Born in the USA’. Not that that was the Gipper’s call, he pretty much just went along with whatever his advisors and Nancy’s astrologers told him.

Buttonstc's avatar

Good one :)

Espiritus_Corvus's avatar

Think of it this way: What do you think Trump would do to a builder who put Trump’s name on one his condominiums without permission?

I don’t think Trump would be as nice about the desist request as the Stones.

The request is entirely appropriate, and rather civilized considering the legal options open to these artists.

SecondHandStoke's avatar

The band’s prerogative to make the request.

SecondHandStoke's avatar

“Thou shalt not read NME.”

https://www.youtube.com/watch?v=CWrMGXwhFLk

Thanks to RARE_DENVER.

Response moderated (Spam)
Espiritus_Corvus's avatar

If he was using mine, I would insist he stop and I would get lawyers to make him do so and sue to make him pay their fees and any court costs. Bravo to the Stones.

If I endorsed him, he could use my music for free anytime he wanted. But I would appreciate it if he asked first.

Call_Me_Jay's avatar

_I would get lawyers to make him do so _

The campaign can play what they want, if it’s a public event, and the venue pays blanket licensing fees.

See my post above and the linked NPR story.

Espiritus_Corvus's avatar

OK. Then, like the Rolling Stones, I would make it loud and clear that I didn’t endorse his use and I would tell the public exactly why. I suppose that’s all that can be done. But I certainly wouldn’t let it pass without comment.

Call_Me_Jay's avatar

@Espiritus_Corvus

Yep. Artists can make it clear. We know which side they are on.

I think (and hope!) Which Side are You On is going to become a familiar song in the next few years.

Darth_Algar's avatar

@Call_Me_Jay

I do like me some Ani Difranco. And she’s never been at all shy about letting the listeners know exactly what her politics are. Good pick.

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