The White Stripes singer Jack White called Donald Trump’s campaign “fascists” and threatened to sue after an aide apparently used a clip of the band’s hit Seven Nation Army on a pro-Trump social media post.
Trump’s deputy director of communications, Margo Martin, shared a brief 10-second video clip of Trump boarding a plane to campaign events with the music as a background soundtrack.
The move clearly angered White, who rapidly became the latest in a long line of musicians to take umbrage at their art being used as a soundtrack to Trump’s bid to retake the White House.
On Instagram White wrote: “Don’t even think about using my music you fascists. Law suit coming from my lawyers about this (to add to your 5 thousand others.) Have a great day at work today Margo Martin.’
But we’re not talking copyright laws, we’re talking Fair Use and I think musicians should be allowed to say, it’s fair use or X and not for Y
Fair Use in Campaigns
Fair use is a (difficult) defense to being sued for infringing copyright. The copyright holder doesn’t get to say what is and isn’t fair use-- that’s a multifactor largely qualitative assessment preformed in the court room.