Can Beyoncé, Céline Dion and the Foo Fighters stop Trump from using their music? It's complicated

CNN
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A day after President Joe Biden dropped out of the presidential race and endorsed Kamala Harris as the Democratic presidential nominee, CNN reported that Beyoncé had given the vice president her approval to use “Freedom” as her official campaign song. So it was a seemingly antagonistic decision when the Republican candidate’s campaign team played the same Beyoncé song as the background to a recent social media video highlighting former President Donald Trump.

From Celine Dion and the Foo Fighters to Bruce Springsteen and Prince's estate, numerous artists have objected to the Trump campaign's use of their music over the years. But depending on how and where their music is used, legal experts say musicians may have grounds to take action beyond a reprimand.

In Beyoncé's case, it wasn't just a social media post. The Trump campaign also used her music at at least one rally this summer, even though Beyoncé endorsed the Biden-Harris ticket in 2020 and is a longtime Democratic supporter.

Her song “Texas Hold 'Em” from the album “Cowboy Carter” was played at a Trump event on July 31 at the New Holland Arena in Harrisburg, Pennsylvania, according to a 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 the Trump campaign with a cease-and-desist after it used “Freedom” in the social media video posted by Trump campaign spokesman Steven Cheung.

Shortly after Beyoncé's team reportedly threatened legal action, the video was removed.

In a statement to CNN, Cheung said he used “Freedom” to provoke the opposing party.

“The purpose of the post just proved that the Democrats are all about banning things, including freedom. They fell for it completely,” Cheung said.

Music licensing and approval

Licensing music and obtaining rights and permissions is an expensive, complicated and litigious business. Movie studios regularly pay hundreds of thousands of dollars to acquire the rights to a single song, while brands can pay millions to repeat a song in commercials to sell a product.

Political campaigns are no exception.

“Any use of music requires a license, whether it's at a venue, at a convention, online via YouTube or a social media platform,” attorney Heidy Vaquerano, a Los Angeles-based partner at music-focused law firm Fox Rothschild, told CNN.

Even if a license has been purchased, artists may still object to the use of their music for political campaigns.

Just days ago, the Foo Fighters said they had not given the Trump campaign permission to use their song “My Hero.” The song was played at a rally in Arizona where Trump was joined by Robert Kennedy Jr., shortly after endorsing the former president. A spokesperson for the Foo Fighters told CNN the band had not been asked for permission by the Trump campaign, and said any royalties “received as a result of this use will be donated to the Harris/Walz campaign.”

Trump spokesman Cheung told CNN: “We have a license to play the song.”

However, the band's spokesman reiterated: “The Foo Fighters were not asked for permission and even if they had been, they would not have given it.”

There are some legal protections for artists regarding the use of their name, image or likeness. Even with a public performance license to play a song at a rally, the Trump campaign could violate an artist's privacy rights or constitute “false endorsement” if the use of an artist's work implies [an] “The artist supports the candidate,” said Vacquerano.

For a political campaign to use an artist's song on social media, it must first obtain consent from the artist's songwriters, publisher and label, she added.

When Trump ran in 2016 and 2020, Rihanna, Phil Collins, Neil Young, Pharrell, the Rolling Stones, Adele, Guns N' Roses and the estate of the Beatles all spoke out against Trump using their music. That pattern has continued in this election cycle.

Earlier this month, Dion's “My Heart Will Go On” was played at a Trump rally in Bozeman, Montana, along with a video of the star singing on the big screen. After videos surfaced on social media, the singer's team spoke out.

“This use is in no way authorized and Céline Dion does not endorse this or any similar use… And really, THIS song?” her team posted on X.

The estate of Isaac Hayes went even further and filed a copyright infringement lawsuit against Trump for using the soul artist's songs at rallies. The defendants included the Trump campaign, the Republican National Committee and the National Rifle Association, among others.

In the complaint, Hayes' estate stated that Trump began using Hayes' material as “outro” music at campaign rallies in 2020 and continues to use his music in 2024, as evidenced by one of Trump's recent posts on Truth Social, which features Hayes' song “Hold On, I'm Comin'” played at a rally.

According to court documents obtained by CNN, the estate's lawyers claim the campaign “failed to obtain a valid public performance license” and are seeking “damages for unauthorized use” of Hayes' music. Hayes' estate was 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 is convinced that the lawsuit brought by Hayes' estate has a good chance of success.

“If the campaign did not obtain the necessary licenses,” the lawyer said, “then each use of the music constitutes a new infringement and the respective copyright holders would be entitled to statutory and actual damages for lost sales, royalties or revenue or other demonstrable financial losses caused by the use of the music in the Trump campaign.”

Trump is known for being very selective about music. Sources with inside knowledge told CNN that Trump chooses some of his own songs for campaign rallies. At his Mar-a-Lago residence in Florida, he selects the playlist for his guests' patio on an iPad set up at his dinners, these sources said.

When Trump returns to the campaign trail, it might be good for him to stick with the music of artists who have supported him, such as Kid Rock.

CNN's Kristen Holmes contributed to this report.