Music Monday continues with the never-ending struggle of Republicans to drape themselves with the coolness of liberal-leaning rock musicians, and failing to secure permission first…
Don’t Say I Never Warned You
Technically speaking, copyright laws allow political candidates to use just about any song they want, as long as they’re played at a stadium, arena or other venue that already has a public-performance license through a songwriters’ association such as ASCAP or BMI. However, the law contains plenty of gray area. If a candidate refuses to stop using a song in this scenario, an artist may be able to protect his “right of publicity” – Springsteen’s voice blaring over a loudspeaker is part of his image, and he has a right to protect his own image. “It’s untested in the political realm,” says Lawrence Iser, an intellectual-property lawyer who has represented the Beatles, Michael Jackson and many others. “Even if Donald Trump has the ASCAP right to use a Neil Young song, does Neil have the right to nevertheless go after him on right of publicity? I say he does.”
Iser represented David Byrne when the ex-Talking Head successfully sued Florida Republican Charlie Crist for using “Road to Nowhere” in a video to attack opponent Marco Rubio during a 2010 U.S. Senate campaign. He also helped Jackson Browne win a suit against John McCain in 2008 when the Republican presidential candidate played “Running on Empty” in an ad bashing Barack Obama on gas conservation.
(click here to continue reading Why Politicians Keep Using Songs Without Artists’ Permission | Rolling Stone.)