Music in Political Campaigns: Why Proper Licensing Is Non-Negotiable

Music has always played a vital role in political campaigns, helping to energize crowds and craft an emotional narrative. However, using music in this setting is a sensitive matter for many artists, especially when it's associated with campaigns they don't support. Imagine hearing your song used to promote a politician whose views you oppose—it's frustrating and often leads to public disputes. That's why political campaigns must strictly adhere to licensing rules to avoid damaging legal battles and negative publicity.

A recent example illustrates how serious this issue can get. In September 2024, British musician Eddy Grant won a lawsuit against Donald Trump for using his hit song “Electric Avenue” without permission in a campaign video. Grant argued that the unauthorized use not only violated copyright laws but also falsely implied his political endorsement. This case serves as a stark reminder: neglecting proper music licensing can result in legal repercussions and public relations disasters.

Grant's case isn't an isolated one. Many prominent artists, including Tom Petty, The Rolling Stones, Rihanna, Pharrell Williams, and Neil Young, have previously filed complaints and issued cease-and-desist orders when their music was used without authorization in political settings. These artists expressed concerns that the unauthorized use of their music implied support for political ideologies they did not endorse, sparking public disputes and media coverage. For campaigns, these situations highlight the importance of securing proper licenses.

So, what licenses are required? The most common use of music in campaigns involves incorporating songs into videos or commercials, which requires a synchronization license from the song's publisher. If an existing recording is used, a separate license from the record label is also needed. It’s a two-step process that, if overlooked, can result in infringement claims.

Public performances of music at campaign events add another layer of complexity. At a minimum, campaigns must obtain a performance license, but specific venues may require additional special performance licenses. Additionally, U.S. Performance Rights Organizations (PROs) can demand that certain songs be excluded from a campaign’s license, making navigation of this landscape even more challenging.

The cases involving Eddy Grant and other artists underscore the importance of respecting artists' rights. For campaigns, the takeaway is clear: securing and double-checking all necessary licenses is essential. Proper licensing ensures that music can amplify a message without crossing legal or ethical lines. Music can elevate a campaign, but when misused, it can become an expensive public relations nightmare. Choose wisely!