Legally Speaking: Politicians Use Of Music & Musicians' Rights
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MIAMI (CBSMiami) – This week we heard the popular song "Eye of the Tiger" playing as Kim Davis walked out of jail with Presidential Candidate Mike Huckabee right there with her.
The band, who made that song, Survivor, quickly spoke out saying they did not give Davis permission to use the song. It also happened this week with Donald Trump and a different song.
This issue comes up a lot, especially during campaign season. So what right do musicians have to stop politicians from using their music?
In 2008, the hearts asked Vice Presidential Candidate Sarah Palin to quit playing their song "Barracuda."
Also that year, Singer Sam Moore asked then Presidential Candidate Barack Obama to stop using one of his songs.
There are several laws on this.
Under copyright laws, many venues get public performing licenses that allow certain songs to be played at their convention center or arena.
The American Society of Composers, authors and publishers said political campaigns should check to see if there is public performing license for the song at the venue they want to use.
If not, the campaign must request the license but even with that license a musician who created the song could still sue under other laws to protect their brand because they don't want that candidate using their music.
Often singers are concerned that it makes it seem as if they are endorsing the candidate when they are not.