After his music was played over the weekend at a rally on Trump in Chattanooga, Tennessee, Rihanna had a strong answer:, It won't take long Müz.
However, even if he prefers the political membership of the crowd, what is his legal application if he wants his songs to be stolen from speakers everywhere? Music lawyers Cassandra Spangler and Marc Ostrow spoke to TIME about the music and beauty mogul Osts options. It's not that simple.
Olabilir If Donald Trump doesn't provide the appropriate licenses, the use of Rihanna's music may be in violation of copyright laws. It may also violate Rihanna's trademark rights and right to publicity, ’said Spangler. Sometimes, however, the opposition may be sufficient.
Row What is usually there is a long list of artists who object to Trump & # 39; s music, after the artist has objected to the use of his position, the political figure will stop using the song voluntarily, ne says Ostrow.
The first question is copyright law: Candidates are required to obtain certain legal permits before using an artist's songs in political events or advertisements, in particular in a public performance license. This process is usually handled through organizations known as ASCAP or BMI or organizations known as PROs. (They act as mediators between the music and the party that made it, the licensee and the party that collects the copyright.)
Or While most venues have a blanket license from these PROs, blanket licenses often exclude conventions and rallies, Sp says Spangler. If the organization team at the University of Tennessee at the McKenzie Arena in Chattanooga does not check their terms, they may be in violation of their copyrights.
It is unclear what the McKenzie Arena's deals are, but Rihanna's options will be limited to the BMI contract. Lı Stopping Music ark in 2007 – the song played at the rally in question – where it is licensed. . It will depend on whether the BMI wants to issue a public performance license to Trump or to refuse to do so at Rihanna's request, Sp adds Spangler.
Rihanna could always choose to withdraw the song completely from the BMI catalog – but she would say that Ostrow would be a ”big measure, & and would cut herself from most of the song's future potential to streaming from the radio broadcaster to the internet. licensed folk performances.
They then have trademark or promotional rights. Although these laws vary according to the state, if the music is used by the artist in a manner indicating that the candidate has been approved, it may be considered as a trademark violation. . As a businesswoman, not just an artist, “Spangler said, için there are a number of different trademark registrations where Rihanna can file a claim for trademark infringement or ın false approval Sp. (Rihanna is the founder and philanthropist of beauty and underwear brands as well as music.)
And Rihanna's answer makes it clear that he doesn't intend to ratify the island. If Trump encouraged the crowd to sing or acclaim, for example, it would be a more open case for the violation of public rights, says Ostrow. But he didn't.
Rihanna is following in the footsteps of artists including Pharrell, Aerosmith, Adele, Rolling Stones, Queen and Prince. Pharrell posted stop and stop In a letter claiming copyright infringement last week after Trump played ği Happy # at a rally, Aerosmith & # 39; s manager Steven Tyler also published a White House in the summer, claiming that privacy and trademark rights were violated in order to publish the songs he wrote. He sent a truce and a letter.
However, as Stones' Mick Jagger knows well, thanks to the licensing agreements there is not much of an artist can do.
Oldu If you're in a public place like Madison Square Garden or a theater, you can play any music you want and stop, bir Trump said, complaining about using his music as a de facto theme theme two years ago. Jagger singing despite the vocal opposition. “They can play what they want.“