Can Beyoncé, Celine Dion, and Foo Fighters Prevent Trump from Using Their Music? It’s Complicated

 The day after President Joe Biden withdrew from the presidential race and endorsed Kamala Harris as the Democratic nominee, CNN reported that Beyoncé had given her approval for Harris to use the song "Freedom" as her official campaign anthem. However, in a surprising move, the Trump campaign recently used the same Beyoncé track in a social media video highlighting former President Donald Trump.

Over the years, many artists, from Celine Dion and Foo Fighters to Bruce Springsteen and Prince’s estate, have expressed their objections to the Trump campaign's use of their music. Legal experts suggest that depending on the context and platform where the music is played, artists might have legal grounds to challenge the usage beyond just issuing public disapprovals.

In Beyoncé’s situation, it wasn’t limited to just social media. The Trump campaign also played her music at a rally this summer, despite her long-standing support for the Democratic Party and her endorsement of the Biden-Harris ticket in 2020. For example, her song "Texas Hold 'Em" from the album Cowboy Carter was played during a Trump event on July 31 at the New Holland Arena in Harrisburg, Pennsylvania, as seen in a video obtained by CNN.

While Beyoncé's representatives did not respond to CNN's request for comment, Rolling Stone reported last week that her label had threatened legal action against the Trump campaign for using "Freedom" in the social media video, which was posted by Trump’s campaign spokesperson, Steven Cheung. Following the legal threat, the video was promptly removed.

Cheung later stated to CNN that the use of "Freedom" was intended to provoke a reaction from the opposing party, saying, "The purpose of the post just proved the point that Democrats are all about banning things, including freedom. They fell for it hook, line, and sinker."

Using music in political campaigns is a complex and often litigious matter, with licenses required for any use, whether at a venue, convention, or online platform. Even with proper licensing, artists can still object, particularly if the music's use could imply an endorsement that they do not support.

Foo Fighters, for example, recently stated that they did not authorize the Trump campaign to use their song "My Hero" at a rally in Arizona, even though Trump's spokesperson claimed that they had a license to do so. The band’s representative clarified that any royalties earned from this use would be donated to the Harris/Walz campaign, emphasizing that the band had not granted permission and would not have done so if asked.

There are legal protections available to artists concerning the use of their name, image, or likeness. Even with a public performance license, a campaign might violate an artist's publicity rights or engage in "false endorsement" if the use of a song implies that the artist supports the candidate.

The Trump campaign has faced similar opposition from numerous other artists, including Rihanna, Neil Young, Pharrell, and the estates of Prince and The Beatles, among others. This pattern has continued into the current election cycle.

For instance, earlier this month, Celine Dion’s "My Heart Will Go On" was played at a Trump rally in Bozeman, Montana, prompting Dion's team to clarify that the use was unauthorized and not endorsed by the singer. Similarly, the estate of Isaac Hayes has taken legal action against the Trump campaign for using Hayes' music at rallies without obtaining the necessary licenses.

Legal experts, like attorney Heidy Vaquerano, believe that cases like these, where campaigns use music without proper authorization, have merit and could lead to significant damages if pursued in court. As Trump continues his campaign, he might be better off using music from artists who openly support him, such as Kid Rock.