Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Are Politicians Allowed to Use Songs Without Permission?

Author: Scarinci Hollenbeck, LLC

Date: July 7, 2015

Key Contacts

Back

Every four years or so, a few musicians cause a stir when their music is played at political rallies as politicians often use songs without permission.

Often times, any legal threats dissipate before they make it to court, but if a judge were to rule on such a case, there’s a chance the politician could be the favorite to prevail.

As election season kicks off again, another musician has protested the use of one of his songs at a campaign rally. Businessman, Donald Trump, recently announced his own candidacy for president of the United States, and during the event, he blared Neil Young’s “Rockin’ in the Free World.” Young did not approve. There has been speculation over whether the musician will take legal action against Trump for the use of his song, but this discussion isn’t a new one.

Other incidents

In 2008, Jackson Browne, Jon Bon Jovi, Heart, Foo Fighters, Van Halen and John Mellencamp were among the artists who complained about the use of their songs at McCain-Palin events, The Hollywood Reporter explained. Rapper K’Naan wasn’t happy with Mitt Romney using one of his songs in 2012 – the same year that Michele Bachmann received a letter from Tom Petty over his “American Girl.”

As fiercely as these crops of musicians pop up each election cycle to protest the use of their songs, they often disappear. Politicians offer to stop using the songs, settlements are reached and, as a result, there isn’t much legal precedent for whether a musician would actually win a lawsuit over the use of his or her song at a campaign. When it comes to commercials, politicians do have to get permission from artists, according to ASCAP guidelines. However, the use of songs at campaign rallies is less clear.

Chuck DeVore suit

One case between a candidate and a musician did end with a judge’s opinion, and though it differs slightly from instances of politicians using music at rallies, the opinion does offer some insight into how a lawsuit would progress – and it may not end well for the musician.

In 2010, Don Henley won a lawsuit against California senatorial candidate, Chuck DeVore, and campaign manager, Justin Hart, over their use of two of his songs. To be clear, there are significant differences between Henley’s suit and the one Young would file against Trump, if he decided to of course. DeVore took two of the former Eagles members’ songs and rewrote the lyrics in a satirical manner to reflect his campaign messages. This, of course, wasn’t a fair use of copyright, and Henley won the case. However, the judge was a bit more dismissive of the musician’s arguments regarding the Lanham Act.

The act prohibits “false designations of origin, false representations and false representations in the advertising and sale of goods and services,” according to the summary judgment for Don Henley et. al v. Chuck DeVore et al. False endorsement has been recognized under the Lanham Act for unpermitted copying of “distinctive attributes where those attributes amount to an unregistered commercial trademark.”

Other factors to consider

In this case, the defendants argued that the songs used did not contain any of the “distinctive attributes” that would constitute a trademark, such as “a word, symbol or device” used to identify or distinguish them. Additionally, the court found that DeVore and Hart were not attempting to pass the songs off as actually performed by Henley. If they had been attempting to convince people that Henley had sung the song, then their commercials would have violated the Lanham Act.

Still, politicians who wish to use certain songs in their campaigns should be smart about how they do it. For example, checking to see if the venue has a blanket license to use songs is a wise move, NPR explained. While most larger locations do have such licenses, smaller venues may not, making it illegal to play some songs at them. Also, musicians might claim that their brand is being hurt by politicians’ use of their songs. While this argument is tenuous, NPR noted, it is best to avoid such situations. For advice on whether to use a song during a campaign, or whether a song has been used illegally, it would be helpful to consult an attorney with experience in these areas.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters post image

New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program,  enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]

Author: Michael J. Sheppeard

Link to post with title - "New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters"
A Simple Guide to Industry Roll-Up Acquisitions post image

A Simple Guide to Industry Roll-Up Acquisitions

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]

Author: Dan Brecher

Link to post with title - "A Simple Guide to Industry Roll-Up Acquisitions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!