Simone Lawson
Music has been used in political campaigns and events to forge connections with voters and convey messages that resonate with their target audience. Politicians have leveraged the emotional power of music to create a sense of community and energize their supporters. While the use of copyrighted music without permission can lead to legal risks and negative publicity, campaigns may utilize such works under the fair use exception in copyright law. The fair use determination considers factors such as the amount of the work used and whether it qualifies as transformative use. The unlicensed use of music by political campaigns has sparked debates, with creators advocating for their right to withhold permission if they disagree with the associated political views.
| Characteristics | Values |
|---|---|
| Purpose | To forge and strengthen connections with voters |
| Permission | Politicians may use copyrighted works without permission, but this can interfere with the creator's revenue stream and market for the work |
| Fair use | Using a small portion of a song is more likely to qualify as fair use than using the entire song |
| Risk | Using a song without permission can violate copyrights, artists' rights, and lead to negative publicity if the artist publicly denounces the use of their music |
| Impact | A campaign song is unlikely to change someone's vote, but it can energize the candidate's supporters and create a sense of community |
| Genre | Hip-hop has been at the center of American popular music, and its use in political campaigns reflects its influence across the political spectrum |
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What You'll Learn
Copyright and fair use
Political campaigns and musicians have a long history of disputes over the use of copyrighted music. Musicians fear any implication that they endorse a politician and do not want to be associated with a political figure they do not support. On the other hand, politicians argue that their use of copyrighted works for political purposes is protected by "fair use" or the First Amendment.
"Fair use" is an exception in copyright law that permits unlicensed use of copyright-protected works under certain conditions. The statute lays out four specific factors that courts must consider in determining fair use:
- The type of copyrighted work: For creative works like music, this factor is likely to weigh against a finding of fair use because it is not considered a transformative use.
- The amount and substantiality of the work used: This factor considers quantitatively the amount of the work that is used, and qualitatively whether the portion used is the "heart" of the work. Using an entire song is less likely to qualify as fair use than using a small portion.
- The purpose and character of the use: This factor looks at whether the use is commercial or non-profit and whether it is for criticism, comment, news reporting, teaching, scholarship, or research.
- The effect of the use on the market for the work: When political campaigns use music without a license, they are directly interfering with the creator's revenue stream and the market for the work. Each time such use occurs, the copyright owner goes unpaid for uses they should be compensated for. It can also adversely affect the marketability and/or value of the original work if it becomes associated with a particular politician or political view.
In addition to "fair use", political campaigns may also obtain a license to use music. For example, they can contact ASCAP and obtain the Political Campaign License to use music from their library at live events. However, this license may not cover all songs, and the campaign may still be required to stop using a song if the artist requests it.
To avoid disputes, it is beneficial for political campaigns to seek permission from the creator before using their work. Musicians can also create licenses that prohibit the use of their work in political campaigns while still allowing public use. Ultimately, fair use must be determined on a case-by-case basis, and it is important for both parties to understand their rights and responsibilities regarding copyright law.
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Political campaigns and artists' interests
Political campaigns have long used music to connect with voters and convey messages. While this practice can be effective in energizing constituents and fostering a sense of community, it raises questions about fair use and respect for the artist's interests.
When political campaigns use music without permission, they risk infringing on copyrights and the artist's rights of publicity. This can lead to negative publicity if the artist publicly denounces the use of their music, especially if they disagree with the politician's views or do not want their music associated with politics. Seeking permission beforehand can mitigate these risks, ensuring respect for the artist's interests and avoiding potential legal issues.
Artists have the right to refuse the use of their music in political campaigns. Award-winning singer and songwriter Yolanda Adams emphasized the importance of safeguarding creators' rights to prevent their work from being associated with views or messages they do not endorse. Artists may not want their music to be politicized, and campaigns must respect this stance to avoid adverse effects on the marketability and value of the artist's work.
Fair use considerations come into play when assessing the legality of a political campaign's music usage. While campaigns may argue for fair use, each case is determined individually, considering factors such as the amount and nature of the work used. Campaigns can minimize legal risks by obtaining licenses or permissions, ensuring they respect the interests of artists while still benefiting from the power of music to connect with voters.
In conclusion, while political campaigns can benefit from the emotional and community-building aspects of music, they must navigate legal and ethical considerations to respect artists' interests. Seeking permission, considering fair use guidelines, and respecting artists' wishes are crucial steps to avoid negative consequences for both the campaign and the artists involved.
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Music's role in creating a sense of community
Music has always played a pivotal role in political campaigns and events, with its ability to forge connections and create a sense of community among voters. While politicians harness the power of music to strengthen their campaigns, it is essential to consider the implications for the creators and artists whose works are being used. The unauthorised use of copyrighted music in political campaigns can interfere with the creator's revenue stream and adversely affect the marketability and value of their work. This has led to public denunciations by songwriters and artists, particularly when their music is politicised or associated with views they do not endorse.
To mitigate these risks, campaigns should obtain the necessary permissions before using copyrighted music. When used ethically and with the artist's consent, music can be a powerful tool for political campaigns. It can energise and unite supporters, creating a sense of community and shared purpose. Music evokes emotions and resonates with the politics of the era, as seen during the modern civil rights era, where a sense of togetherness was crucial for political mobilisation.
The choice of music can also help politicians connect with specific target audiences and send subtle messages to voters. For example, former US President Barack Obama referenced Jay-Z's song "Dirt Off Your Shoulder" during a campaign speech, signalling a connection with the hip-hop generation. Similarly, Obama's use of Stevie Wonder's music tapped into the civil rights generation, one of his main target audiences.
While the use of music in political campaigns can be effective in creating a sense of community, it is essential to respect the rights of creators and obtain the necessary permissions to avoid negative repercussions for both the campaign and the artists involved. The power of music in politics is undeniable, and when used ethically, it can help foster a sense of unity and shared values among supporters.
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Political messaging through music
Music has been used in political campaigns and events to convey messages and forge connections with voters. While it may not change someone's vote, it can energize a candidate's base and create a sense of community. Lyrics, melody, and rhythm can evoke feelings that resonate with the politics of the era, and politicians have tried to harness this synergy to strengthen their appeal. For instance, Barack Obama referenced Jay-Z's "Dirt Off Your Shoulder" with a brush of his shoulders during a campaign speech, signaling to the hip-hop generation.
The use of music in political campaigns can be a delicate issue due to copyright laws and the potential for negative associations. Campaigns risk violating copyrights in sound recordings and musical compositions, as well as the artist's rights of publicity and other legal claims, if they do not obtain permission. Songwriters and artists may publicly denounce the use of their music by candidates with differing views, leading to unwanted negative publicity. Campaigns can mitigate these risks by seeking permission from creators, which benefits both parties.
Fair use considerations come into play when political campaigns use copyrighted music. While politicians may use copyrighted works under fair use, it does not mean that their use is more or less likely to qualify as such. Each case must be determined individually, considering factors such as the amount and nature of the work used and whether it interferes with the creator's revenue stream. Political campaigns should be cautious when using unlicensed music to avoid legal and reputational consequences.
The choice of music in campaigns can also be influenced by the target audience and the political message they want to convey. For example, Obama's use of hip-hop references targeted the civil rights generation as one of his main audiences, while also carefully distancing himself from any negative connotations of the genre. The use of music in political campaigns has evolved with technology, and now fan-created content on platforms like TikTok and Instagram adds a new dimension to how music and politics intersect.
In conclusion, music plays a significant role in political messaging, shaping the atmosphere and appealing to voters' emotions. While the specific songs used may not be enough to sway votes, they can energize supporters and create a sense of unity. Politicians must carefully consider copyright and potential backlash when selecting music to enhance their campaigns, as the wrong choice could lead to legal and public relations issues.
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Fan-created content and music
An illustrative example is the 2008 Barack Obama campaign, which effectively used music to establish his identity and create a "song biography". Obama's strategic use of music, particularly Motown hits from the 1960s and 1970s, helped him connect with the civil rights generation, one of his target audiences. This demonstrated the power of music in forging connections with voters and creating a sense of community.
Kamala Harris's campaign also leveraged music to great effect, using Beyoncé's "Freedom" in her campaign. The song's uplifting and powerful chorus, combined with Beyoncé's strong stance as a Black woman, aligned Harris with vulnerable communities and a large fan base. This strategic choice helped Harris connect with the groups she aimed to represent.
Donald Trump's political rallies have also been associated with music choices, although he has faced legal threats for his song selections. Interestingly, the cease-and-desist orders may have contributed to strengthening his anti-establishment image, resonating with his audience's irreverent political style. Trump has gained endorsements from prominent hip-hop artists, showcasing the alignment between his political brand and the hip-hop culture.
Beyond the direct use of music by campaigns, fan-created content and blogs have also played a role in political discourse. Studies have shown that fans of political musicians discuss politics more frequently in their blogs than fans of apolitical pop stars. This indicates a relationship between the level of political content in music and the level of political interest among audiences. Additionally, research by Weglarz found a positive correlation between students' political views and those of the musicians they enjoy, further highlighting the influence of musicians on their fans' political engagement.
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Frequently asked questions
No, political campaigns need to be careful about the music they use. They must obtain the proper permissions before using music that they do not own, as they can otherwise violate copyrights, the artist's rights of publicity, and more.
Music is an effective way to create a sense of community and energize the constituency for a candidate. It can help forge and strengthen connections with voters.
Political campaigns use songs with lyrics and melodies that resonate with the feelings and politics of the era. They may also use gestures and references to popular songs to connect with voters.
Musicians can publicly denounce the use of their music by a politician if they do not share their views or do not want their music associated with politics. This can lead to negative publicity for the politician.
Campaigns face significant risks if they use a song without permission, as they can violate copyrights and the artist's rights. This can also lead to negative publicity if the musician denounces the campaign's use of their music.
