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As the presidential election season hits its peak, it’s time that we look into a topic that seems to come up all the time. Many political candidates use copyrighted works like songs at rallies and campaign events. Sometimes, they have permission to use these works or the usage falls under specific legal exceptions. In other cases, the use of copyrighted works at political gatherings constitutes infringement.
Copyright infringement during political events can occur because the candidates have not secured the required licenses from the artist or performing rights organizations. When copyright infringement is proven, the musician or other performer who authored the work may be entitled to monetary remedies.
Copyright law gives the creator of an original work, such as music, the right to perform, distribute, or reproduce that work publicly and to do so on an exclusive basis. This means that when anyone – be it an individual, a business, or a political campaign – uses a musician’s registered work without permission, it can be construed as copyright infringement.
It can be challenging to determine when and where copyright violations occur involving the unauthorized use of music or other original works of authorship at a political event. Many musicians register with a performing rights organization (PRO) that is then authorized to oversee usage and distribute royalties on the artist’s behalf.
Often, political events are held at venues that have secured broad blanket licenses with PROs, which allow the performance of many copyrighted works so long as they are in a public space. Some PROs offer artists the option to opt out of a blanket license if they do not wish their works to be performed at political events. If a musician has entered into an opt-out provision and a campaign uses their work anyway, this could constitute copyright infringement.
Political campaigns may also be allowed to use copyrighted works without the direct consent of the artist if doing so falls under fair use laws. Fair use is a specific exception to federal copyright laws that allowed the unlicensed use of copyrighted works, but only in very specific circumstances.
When a musician finds that their song was used without permission on social media, in an advertisement, or was otherwise connected with a political event, they may have a valid claim for copyright infringement if the campaign did not secure prior consent. Copyright law can be nuanced and deeply complex.
Obtaining advice from a copyright litigation lawyer is essential in instances of suspected infringement to determine that the use of the music did not fall into a rare legal exception. An attorney can help send cease-and-desist letters if a political campaign does not halt playing the song.
It may be necessary to proceed with litigation in some cases if the campaign refuses to negotiate or operate within the boundaries of existing licensing requirements. When copyright infringement during a political campaign is proven, the artist may be entitled to numerous forms of financial recovery, such as monetary damages for lost revenue, as well as injunctive relief.
When a political campaign uses a song or other work of original authorship without a license, this may violate federal copyright laws. Copyright claims can be an extremely effective means of removing songs when campaigns do not obtain the consent of the artist prior to playing them.
If you discover the unauthorized use of your music at a campaign rally or other political event, taking legal action may be necessary. Some instances of copyright infringement can be resolved through negotiating a licensing agreement, while others may proceed to a settlement phase or even litigation.
Do not hesitate to reach out to our intellectual property law firm today to speak with a copyright infringement attorney and learn more information about your legal rights.
