Do artists need to grant permission to Harris and Trump to use their songs in their presidential campaign?

In the United States, the use of music in political campaigns is governed by copyright laws and licensing agreements. Generally, venues where political rallies are held have blanket licenses with performance rights organizations like ASCAP and BMI.

These licenses allow the performance of numerous copyrighted works, which can include songs played at rallies. As a result, campaigns often rely on these licenses to defend against copyright infringement claims, even if the artist objects to the use of their music.

A notable instance occurred when Neil Young filed a copyright infringement suit against Donald Trump’s 2020 re-election campaign for using his song “Rockin’ in the Free World” without permission.

What artists can do to defend their music

Artists have several avenues to object to the use of their music. They can argue that the use of their song implies an endorsement of the candidate, which can lead to consumer confusion—a violation under the Lanham Act governing trademarks.

In many cases, artists simply request that campaigns stop using their music, and some politicians comply with these requests. However, Donald Trump has received numerous cease-and-desist demands and has often continued to use the music despite objections.