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According to a report by Billboard, Foo Fighters are contemplating taking “appropriate actions” against Trump’s campaign. A spokesperson for the band told the publication, “Foo Fighters were not asked permission, and if they were, they would not have granted it.” The spokesperson further stated that the band plans to donate any royalties received from this unauthorized usage to the Harris-Walz campaign.
This isn’t the first time that Trump’s campaign has faced backlash from musicians. The use of music at political rallies has been a recurring issue for the former president, who has previously been at odds with several artists over similar incidents.
The Foo Fighters’ reaction comes on the heels of other artists taking legal action against Trump’s campaign for similar reasons. Just days before the Arizona rally, Beyoncé’s record label sent a cease-and-desist letter to Trump’s team over the use of her song “Freedom.” The campaign quickly complied, removing the video that featured the track from social media.
Likewise, the estate of Isaac Hayes, famed for his work in the soul genre, also filed a notice of copyright infringement earlier this month. The estate’s lawyers threatened legal action after Trump’s campaign used Hayes’ “Hold On, I’m Coming” at multiple events without authorization between 2022 and 2024. The campaign has since replaced the track with the Village People’s “YMCA,” another song frequently associated with Trump’s rallies.
The issue of music rights at political rallies is complex. Generally, campaign organizers obtain licenses from performing rights organizations (PROs) like ASCAP, allowing them to play a wide array of songs at live events. However, these licenses do not give campaigns carte blanche to use any song they wish. Artists can still object to their music being used in certain contexts, and when they do, the song must be removed from the license.
“You do not need to license the master recording of the song for a live performance only,” an explanation provided by WRC-TV reads. “What would normally happen is when you go to a concert, the venues themselves get what’s called a blanket license from the performance rights organizations.”
However, if an artist explicitly objects to the use of their music, as Foo Fighters have, campaign organizers face the risk of legal action. This can lead to substantial financial penalties, with statutory damages for copyright infringement reaching up to $150,000 per infraction.
Carry 46 rounds concealed? (comfortably)
This latest incident serves as a warning to political campaigns about the importance of securing proper authorization before using an artist’s music. While Trump’s rallies are known for their high-energy atmosphere, fueled by popular music, the repeated clashes with musicians suggest that the campaign might need to rethink its approach.
For Foo Fighters, the fight isn’t just about their music; it’s about ensuring that their art isn’t used to support causes or candidates they don’t align with. As the 2024 election cycle heats up, it remains to be seen whether other artists will take similar stands, but one thing is clear: unauthorized use of music is a battle that many musicians are willing to take all the way to the courtroom.
