R.E.M.’s “It’s the End of World as We Know It (And I Feel Fine)” was played as Republican presidential candidate and businessman Donald Trump took to the podium on Capitol Hill to speak out against the proposed nuclear deal with Iran at joint event with Senator Ted Cruz on September 9th, 2015, according to CNN. In the days since, the band has come out to say that they most certainly are not fine with the fact that their song was played.
In a Facebook post, the band made an official statement, which reads:
“While we do not authorize or condone the use of our music at this political event, and do ask that these candidates cease and desist from doing so, let us remember that there are things of greater importance at stake here. The media and the American voter should focus on the bigger picture, and not allow grandstanding politicians to distract us from the pressing issues of the day and of the current Presidential campaign.”
-R.E.M.
Although, the above statement is diplomatic, R.E.M. frontman Michael Stipe was clearly furious and he gave a more candid response in an email to the Daily Beast.
“Go fuck yourselves, the lot of you—you sad, attention-grabbing, power-hungry little men,” Stipe said in quote emailed to The Daily Beast. “Do not use our music or my voice for your moronic charade of a campaign.”
His quote was also Tweeted out by founding R.E.M. member Mike Mills. For his part, Mills was a bit more restrained in his choice of words, but he was asked about Trump using the song, he replied, “cease & desist.” Then, Mills added, “Personally, I think the Orange Clown will do anything for attention. I hate giving it to him.”
This isn’t the first time that Trump and his campaign hit a discordant note with a musician or band, regarding the use of a song at a political event. Earlier in 2015, the businessman-turned-candidate used Neil Young’s hit-song, “Rockin’ in the Free World,” at a rally and the legendary Canadian singer-songwriter was incensed.
Young and Stipe, respectively, do not appear to be disputing if Trump’s campaign failed to obtain the appropriate copyrights and licenses to the play the song legally through ASCAP, or one – or both – of the two other United States performing rights organizations.
And, in the case of Young, a Trump campaign spokesperson told Rolling Stone, “Through a license agreement with [performance-rights organization] ASCAP, Mr. Trump’s campaign paid for and obtained the legal right to use Neil Young’s recording of ‘Rockin’ in the Free World’ at today’s event.”
However, neither Young, nor R.E.M., wanted their material played at Trump’s campaign events.
According to an ASCAP document called, “Using Music in Political Campaigns,” Young or R.E.M. would be within their rights to sue, if either wished, because while Trump’s campaign secured the copyrights to the music, the campaign may be in violation of other laws.
The ASCAP document states, “the campaign could be liable under any of the following claims:
1. “Right of Publicity,” which in many states provides image protection for famous people or artists.
2. The “Lanham Act,” which covers the confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use.
3. “False Endorsement” where the use of the artist’s identifying work implies than the artist supports a product or candidate.”
So, how can a campaign like Trump’s protect itself against these claims?
Well, according to ASCAP, “If a campaign wants to eliminate any of these claims, particularly if the campaign wants to use a song as its theme, they should contact the management for the artists and/or songwriters of the song in question and obtain their permission. In addition to permission from management, a separate negotiated license may be required by the publisher of that composition, and if used, the record label that controls the master recording.”
It is unclear, at the time of publication, if the Trump campaign pursued and obtained these other permissions that ASCAP outlined.
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