Skip to content 
In the ongoing 2024 US presidential election race, Republican candidate Donald Trump has employed many methods to inspire votes. A common technique of his is using clips of hit songs within his campaign videos and rallies. In the US election campaigns, music is used as a tactic for the nominees to gain popularity and support from the public. When music is used, legally, at rallies, it also expresses an endorsement from the artist to the nominee. Thus, it is understandable why Trump, a controversial and convicted presidential candidate, would use every tactic in his wheelhouse. However, the artists that Trump has used to serve his political agenda have fired back at him, leaving Trump subject to scrutiny from intellectual property infringement allegations and lawsuits.
THE WINNER TAKES IT ALL, THE LOSER HAS TO FALL
Trump’s most recent copyright scandal involves Swedish Eurovision winners, ABBA. Trump, is under fire for allegedly using the band’s classic hit songs at the Minnesota rally on the 27th July, including Money, Money, Money and The Winner Takes It All. Interestingly, Swedish newspaper, Svenska Dagbladet, reports that Minnesota is the US state with the highest amount of Swedish people, revealing the tactical nature of Trump’s music choice.
ABBA’s record label, Universal music, claim that no permission was requested by the former president, and thus his use of the swedish band’s music is a copyright violation. ABBA- and their label- now urge Donald Trump to stop using their music in his rallies, and demand that all videos of rallies, that include their music, be removed.
HAYES V. TRUMP
Trump’s misuse of ABBA songs was not his first, nor last, copyright rodeo. Trump has used the 1966 song, “Hold on, I’m Coming” numerous times in his political rallies across 2022-2024. The song was written by the late Isaac Hayes and performed by Sam & Dave. The song’s copyright protection expired in 2022, where the copyright ownership returned to Hayes’ family. Hayes’ family have filed a lawsuit against Trump, and other defendants, in the Federal Court of Georgia for 134 counts of intellectual property infringement. Isaac Hayes’ Estate’s attorney, James L. Walker submitted a letter to Trump Et Al, requesting $3 million for licensing fees to be paid by 16th August 2024. Walker stated his intention to escalate legal proceedings if no response was given by this date. As of the time of writing, the deadline has elapsed with no public response having been given by Trump, legal proceedings are currently ongoing.
THE FOO FIGHTERS DISPUTE
Trump has also sparked controversy over recent rallies for his use of Foo Fighters’ 1998 hit song ‘My Hero’. The song is seen used as an endorsement for Robert F. Kenndery Jr at the Glendale Arizona rally. Trump received significant backlash from the band in accusation of an Intellectual Property infringement, claiming that they had not given Trump, nor his team permission to use it. Although the band say that they didn’t give the MAGA campaign the right to use the song, Trump’s representatives claim the contrary, maintaining that they had been given the right from BMI’s Songview service. Although the legal implications between Trump and the Seattle rock band seem rather nuanced, it is clear that the band members do not endorse Trump’s use of the song.
What must be noted is that musicians are not apolitical, and music can be correctly used within politics, whilst satisfying the artist’s intellectual property. As Trump leads his campaign with many copyright allegations, Democrat nominee Kamala Harris uses Beyonce’s song ‘Freedom’ (featuring Kendrick Lamar) without facing any legal implications. Beyonce permitted Kamala to use her song, as it became the anthem of her campaign. It is evident that Trump has not handled his campaign in the same law-abiding manner.
By Willow Palmer, a student at the University of Southampton
