A presidential election year brings not only political controversy, campaign rallies and national party conventions, but also artistic controversy when musical artists complain that their songs have been appropriated by candidates who attempt to identify themselves with those songs. That office-seekers do so at those rallies and conventions is hardly surprising; a musical composition can underscore the campaign’s message through its lyrics and arouse passion. The temptations can be so strong, however, that campaigns overlook the desirability (if not the legal requirement) of obtaining permission.

As reported in rollingstone.com and CNNPolitics.com, the list of songwriters and musicians who have claimed injury—often more a violation of the “beliefs they hold dear”1 than financial loss—is a long one. Bruce Springsteen interrupted Ronald Reagan’s use of “Born in the U.S.A.” Bobby McFerrin opposed George H.W. Bush’s use of “Don’t Worry, Be Happy.” Isaac Hayes stopped Bob Dole’s use of “Soul Man” (lyrics changed to “I’m a Dole Man”). Nancy and Ann Wilson from the 70s rock band Heart found distasteful then-Governor Sarah Palin’s use of their song “Barracuda” (Palin’s high school nickname being “Sarah Barracuda”) and Gretchen Peters didn’t like her use of “Independence Day.” Tom Petty demanded that Michele Bachman leave “American Girl” alone. Tom Scholz put an end to Mike Huckabee’s performances of “More Than a Feeling.” Sam Moore rejected Barack Obama’s use of “Hold On, I’m Comin.’” The Boston-based band, Dropkick Murphys, notified Scott Walker by Tweet that he should stop using their music “in any way,” adding for good measure, “we literally hate you.”2

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]