The rock band Foo Fighters reacted strongly to the unauthorized use of their 1990s hit “My Hero” during a rally where Robert F. Kennedy, Jr. was speaking.
They warned President Trump of potential consequences for this action. However, recent reports have suggested that it may be the band themselves who should be held accountable.
Following the incident, Foo Fighters posted two comments on X/Twitter regarding the unauthorized use of their song at the Trump/Kennedy rally.
Their first response was a simple “No” when asked if they had granted permission for its use. Later, they followed up with a brief “Let us be clear” comment that reiterated their earlier stance.
Let us be clear. pic.twitter.com/gexHWjPMYh
— Foo Fighters (@foofighters) August 24, 2024
The rock band announced its intention to pursue legal action against the Trump campaign and also pledged to donate any lawsuit royalties to the socialist Harris/Walz ticket.
In response, the Trump campaign asserted that they had obtained a license to use “My Hero.” However, a news outlet has uncovered evidence contradicting the Foo Fighters’ claims.
The Independent revealed on Saturday that the Trump campaign did indeed have permission to play “My Hero” at the rally, supported by documents confirming that the song was licensed from BMI’s Songview service.
This information exposes the Foo Fighters’ dishonesty in threatening legal action while disregarding their prior sale of rights to BMI.
It is a display of disingenuous virtue signaling from those on the left.
TGP’s Taylor previously posted an explanation of the music rights issue via WRC-TV:
“You do not need to license the master recording of the song for a live performance only. So, what would normally happen is when you go to a concert, the venues themselves get what’s called a blanket license from the performance rights organizations.”
But even with that license, an artist or license holder can still object. So, campaign organizers often just press play on a song and hope it doesn’t anger those holding the rights to it.
…Artists, however, do not always have control over how and when their music is played. Political campaigns obtain licenses from performing rights organizations like ASCAP that enable them to use a wide variety of songs from the catalogs of recognizable artists at live events. If an artist objects to its use, the song is pulled from the license.
“If the artist has already gone to the PRO and told them to stop using it …your first step is a cease and desist letter from a lawyer. And sometimes that will work. And it does in many cases,” Freundlich said. “Now, once it’s pulled, technically, it’s a copyright infringement for the campaign to continue to use it.”
But not every campaign immediately complies, risking up to $150,000 in statutory damages from the copyright infringement for each work used.
The question that follows is whether the Trump campaign will seek to file a defamation lawsuit against the Foo Fighters.
Although many may deem this as futile, some of the 45th President’s staunch supporters are urging him to pursue this course of action.
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