CNN —
The day after President Joe Biden dropped out of the presidential race and endorsed Kamala Harris for the Democratic presidential nomination, CNN reported that Beyoncé had agreed to let the vice president use “Freedom” as his official campaign song, so it was a seemingly antagonistic choice when the Republican candidate’s campaign used the same Beyoncé song as the background for a recent social media video showcasing former President Donald Trump.
Many artists, from Celine Dion and Foo Fighters to Bruce Springsteen and the Prince Foundation, have objected to the Trump campaign’s use of their songs over the years, but legal experts say musicians may have grounds to take more than just condemnation, depending on how and where their songs are used.
In Beyoncé’s case, it wasn’t just a social media post: She endorsed the Biden-Harris ticket in 2020, and despite being a longtime Democratic supporter, the Trump campaign has used her music at at least one rally this summer.
Her song “Texas Hold ‘Em,” from her album “Cowboy Carter,” was performed at Trump’s event at New Holland Arena in Harrisburg, Pennsylvania on July 31, according to video of the rally viewed by CNN.
Beyoncé’s representatives did not respond to CNN’s request for comment, but last week, Rolling Stone reported that her label had threatened to issue a cease and desist order to the Trump campaign after “Freedom” was used in a social media video posted by Trump campaign spokesman Steven Chang.
The video was removed shortly after Beyoncé’s team reportedly threatened legal action.
In a statement to CNN, Zhang said “Freedom” was used to provoke the opposition.
“The purpose of this post is just to prove that the Democrats are hell-bent on banning everything, including freedom. They’ve been totally fooled,” Chang said.
Music Licensing and Approvals
Licensing music and obtaining rights and permissions is a costly, complex, and litigious business. Movie studios regularly pay hundreds of thousands of dollars to acquire the rights to a single song, while brands may pay millions to use a song repeatedly in a commercial to promote their product.
Political campaigns are no exception.
“You need a license to use music in venues, at conventions, online via YouTube and social media platforms, and anywhere else,” Heidi Baquerano, a partner at Los Angeles-based music law firm Fox Rothschild, told CNN.
Even if a license is obtained, artists may be able to challenge a political campaign’s use of their music.
Just days ago, the Foo Fighters said they had not given permission to the Trump campaign to use their song “My Hero,” which was performed at a rally in Arizona that also included Robert Kennedy Jr., shortly after Trump endorsed the former president. A Foo Fighters representative told CNN that the band had not been asked for permission by the Trump campaign and that “any royalties received as a result of this use will be donated to the Harris/Waltz campaign.”
“We have permission to play the song,” Chen, Trump’s spokesman, told CNN.
However, a representative for the band reiterated that “the Foo Fighters were not asked for permission and would not have granted it if they had been asked.”
There are some legal protections for the use of an artist’s name, image, and likeness. Even if the Trump campaign had a public performance permit to play a song at a rally, it could be that the campaign violated the artist’s right of publicity or “used an artist’s work in a way that violated the rights of the public.” [an] “Artists are supporting candidates,” Vaquerano said.
For a political campaign to use an artist’s song on social media, the campaign must contact the songwriter, publisher and the artist’s label for approval, she added.
When Trump ran for office in 2016 and 2020, Rihanna, Phil Collins, Neil Young, Pharrell, the Rolling Stones, Adele, Guns N’ Roses and The Beatles Foundation all spoke out about his use of their music, a pattern that has continued into this election.
Earlier this month, at a Trump rally in Bozeman, Montana, Dion’s “My Heart Will Go On” was played with a video of her singing it on a big screen. After the video was released on social media, the singer’s team spoke out.
“Such use is not authorized in any manner whatsoever and Celine Dion has not endorsed this or any similar use… Also, is that a real song?” her team posted to X.
The estate of Isaac Hayes went a step further and filed a copyright infringement lawsuit against Trump for using the soul artist’s songs at his rallies, also naming the Trump campaign, the Republican National Committee and the National Rifle Association as defendants.
Hayes’ estate alleges in the lawsuit that Trump began using Hayes’ songs as “outro” music for his campaign in 2020 and has continued to use Hayes’ music in 2024, as seen in one of Trump’s recent Truth Social posts, in which Hayes’ song “Hold On, I’m Comin'” can be heard playing at a rally.
According to court documents obtained by CNN, lawyers for the estate are arguing that the campaign “did not obtain a valid public performance permit” and are seeking “damages for the unauthorized use” of Hayes’ music. The Hayes estate has been granted an emergency hearing on the matter in federal court on September 3.
“See you in court,” Hayes’ son posted on X.
Trump has not commented publicly on the matter.
Vaquerano believes the Hays Foundation’s lawsuit has merit.
“If the Campaign fails to obtain the necessary licenses, each use of the music will constitute a new act of copyright infringement, and each copyright owner will be entitled to statutory and actual damages for lost sales, licenses, revenues, or other provable economic loss caused by the Trump Campaign’s use of the music,” the lawyers said.
Trump is known for being picky about music: A source with direct knowledge told CNN that he personally chooses some of the songs sung at his rallies, and at his Mar-a-Lago estate in Florida, he selects the patio playlist on an iPad provided for dinner guests.
As Trump begins his second campaign, he might be better off sticking to music from artists who have supported him, like Kid Rock.
CNN’s Kristen Holmes contributed to this report.