Photo by Jeff Kravitz
As the 2020 election approaches, a fleet of musicians have joined the Artist Rights Alliance (ARA) to write an open letter condemning the unlawful use of copyrighted music by politicians at campaign rallies.
“We’ve seen so many artists and estates dragged into politics against their will and forced to take aggressive action to prohibit the use of their music — usually songs that are broadcast during political rallies,” explains the ARA in a statement. “It can confuse and disappoint fans and even undermine an artists’ long term income — and mostly it’s just not right. Politicians that want to represent the public trust must do better — by seeking consent before exploiting an artist’s or songwriter’s image and work.”
Participating artists range from Mick Jagger and Keith Richards of The Rolling Stones to Pearl Jam to Blondie to Alanis Morrissette to Jason Isbell to Lionel Richie.
The message is specifically targeted to the Republican and Democratic National, Congressional, and Senatorial committees.
Read the full letter below:
July 28, 2020
Dear Campaign Committees:
As artists, activists, and citizens, we ask you to pledge that all candidates you support will seek consent from featured recording artists and songwriters before using their music in campaign and political settings. This is the only way to effectively protect your candidates from legal risk, unnecessary public controversy, and the moral quagmire that comes from falsely claiming or implying an artist’s support or distorting an artists’ expression in such a high stakes public way.
This is not a new problem. Or a partisan one. Every election cycle brings stories of artists and songwriters frustrated to find their work being used in settings that suggest endorsement or support of political candidates without their permission or consent.
Being dragged unwillingly into politics in this way can compromise an artist’s personal values while disappointing and alienating fans — with great moral and economic cost. For artists that do choose to engage politically in campaigns or other contexts, this kind of unauthorized public use confuses their message and undermines their effectiveness. Music tells powerful stories and drives emotional connection and engagement — that’s why campaigns use it, after all! But doing so without permission siphons away that value.
The legal risks are clear. Campaign uses of music can violate federal and (in some cases) state copyrights in both sound recordings and musical compositions. Depending on the technology used to copy and broadcast these works, multiple exclusive copyrights, including both performance and reproduction, could be infringed. In addition, these uses impact creators’ rights of publicity and branding, potentially creating exposure for trademark infringement, dilution, or tarnishment under the Lanham Act and giving rise to claims for false endorsement, conversion, and other common law and statutory torts. When campaign commercials or advertisements are involved, a whole additional host of rules and regulations regarding campaign fundraising (including undisclosed and potentially unlawful “in-kind” contributions), finance, and communications could also potentially be breached.
More importantly, falsely implying support or endorsement from an artist or songwriter is dishonest and immoral. It undermines the campaign process, confuses the voting public, and ultimately distorts elections. It should be anathema to any honest candidate to play off this kind of uncertainty or falsely leave the impression of an artist’s or songwriter’s support.
Like all other citizens, artists have the fundamental right to control their work and make free choices regarding their political expression and participation. Using their work for political purposes without their consent fundamentally breaches those rights — an invasion of the most hallowed, even sacred personal interests.
No politician benefits from forcing a popular artist to publicly disown and reject them. Yet these unnecessary controversies inevitably draw even the most reluctant or apolitical artists off the sidelines, compelling them to explain the ways they disagree with candidates wrongfully using their music. And on social media and in the culture at large, it’s the politicians that typically end up on the wrong side of those stories.
For all these reasons, we urge you to establish clear policies requiring campaigns supported by your committees to seek the consent of featured recording artists, songwriters, and copyright owners before publicly using their music in a political or campaign setting. Funding, logistical support, and participation in committee programs, operations, and events should be contingent on this pledge, and its terms should be clearly stated in writing in your bylaws, operating guidelines, campaign manuals, or where you establish any other relevant rules, requirements, or conditions of support.
Please let us know by August 10th how you plan to accomplish these changes.
Sincerely,
Aerosmith
Alanis Morissette
Amanda Shires
Ancient Future
Andrew McMahon
Artist Rights Alliance
B-52s
Beth Nielsen Chapman
Blondie
Butch Walker
CAKE
Callie Khouri
Courtney Love
Cyndi Lauper
Dan Navarro
Daniel Martin Moore
Duke Fakir
Elizabeth Cook
Elvis Costello
Erin McKeown
Fall Out Boy
Grant-Lee Phillips
Green Day
Gretchen Peters
Ivan Barias
Jason Isbell
Jewel
Joe Perry
John McCrea
John Mellencamp
Keith Richards
Kurt Cobain estate
Lera Lynn
Lionel Richie
Linkin Park
Lorde
Lykke Li
Maggie Vail
Mary Gauthier
Matt Nathanson
Matthew Montfort
Michelle Branch
Mick Jagger
Okkervil River
Pearl Jam
Panic! At The Disco
Patrick Carney
R.E.M.
Regina Spektor
Rosanne Cash
Sheryl Crow
Sia
Steven Tyler
T Bone Burnett
Tift Merritt
Thomas Manzi
Train
15 Comments comments associated with this post
D of KC
August 6, 2020 at 9:48 amAnd China really “honors” copyrights and patents too right?
creative genius
August 4, 2020 at 9:56 amThe point is artist’s own the rights to their creations. Period. If you write a song, a poem, a novel, create a logo or a photograph, regardless of quality, it’s intellectual property and you alone determine whether to lease it, sell it, or give it away. The artists’ statement was deliberately directed at no particular political party and applies to everyone.
D of KC
July 29, 2020 at 4:57 pmMore proof above as to liberals obvious Hate. Will you kids ever grow up and practice what ya preach? I’ve waited 40 years thus far!
deadman
July 29, 2020 at 11:50 amIf I was a musician I wouldn’t want an asshole like Trump using my music either. There are enough redneck hillbilly bands for him to use.
Sideshow Bob
July 28, 2020 at 11:23 pmTrump Taters all Butthurt because no artists worth anyone’s time are willing to have their music associated with the Orange Cheetoh? You’re all gonna hafta to settle for The Nuge & Kid Rock on endless loop. Waaaahhhhhh!!!!!
Bingo
July 28, 2020 at 10:09 pmLet me get this straight… Artists/Musicians want to censor the use of creative material?
Ironic.
##Not caring what any other person does is true freedom##
Sideshow Bob
July 28, 2020 at 11:20 pmWhy don’t you try making some f&^king art & see how you feel when it’s appropriated & used in ways you never intended nor see fit?
D of KC
July 28, 2020 at 3:53 pmHere’s one that you can’t deny! BLM is a Marxist ran and trained group that Hates the West and Capitalism, Cops and on and on…. And you liberals support that kind of violence? Ignorant to facts? Wake up!!! And yet you send out these messages that Support Capitalism? Kind of confusing….
paddyV
July 28, 2020 at 6:11 pmthat is the stupidest thing I shall read on the interwebs today. Congrats!
D of KC
July 28, 2020 at 3:51 pmWow Steve, you’ve shown us once again, as I’ve seen for 40+ years now, the unbridled Hate of Democrats and Liberals. Be proud! Your party a OWNS the Violence going on that we endure every day here in KC and beyond!!! Hate bags Dems ARE!!!!
BidenTrojanHorse
July 28, 2020 at 3:11 pmRead between the lines. “Our music can blast at any rally so long as it’s Democrat’s, progressives, socialists, Marxists, BLM, rioters.” Wah wah wah.
Steve
July 28, 2020 at 1:57 pmSour puss loser Trump fans are winning since their guy f’n sux hard d@ick. No one wants their art/music associated with a douchebag. No respectable artist supports their Loser. Losers with a cap letter!
BV Pirlo
July 28, 2020 at 3:53 pmEven more shocking is that your Bull Master allows you computer time!
S A R
July 28, 2020 at 12:48 pmhow could they understand the artists’ viewpoint, “come on now” and “eat me” wouldn’t know art if it came up and bit them… soulless saps
Come on now
July 28, 2020 at 12:24 pmOh no! (Insert Artist Name Here)’s music is playing at (Insert politician’s name here) rally! I’m never going to illegally download their album ever again!
It’s when you artists choose a candidate that you like and play in their support that you may alienate members of your fanbase. It’s not when someone’s music is played over the loudspeaker in the pre/post rally