Question about artist creative control during campaign season

[Cypress Knee]

I am looking for pure facts, not opinions.

Every campaign season it seems that Artist A objects to Candidate Z using their song during campaigns, rallies and so forth.

My questions are this - how much creative control do artists actually retain over their works?

Is it a legal issue?

Are there intermediate third parties involved? (For example, agent company M gets to make the call based on business contracts)

No opinions please, just the facts.

Thanks,

CK

[Jobe]

It is always a legal issue. ASCAP and BMI do their thing. Sometimes people allow their songs in public for the fun of it. Think the Clintons and Fleetwood Mac. That seemed to be an understanding between the parties however there is always something for something. (Consideration). It is contract law. A handshake might do it as long as there is a meeting of the minds. Copyright is the main thing. That is yours.

[TBman]

Honestly I have no idea. Good question though.

[KevWind]

Originally Posted by Cypress Knee

I am looking for pure facts, not opinions.

Every campaign season it seems that Artist A objects to Candidate Z using their song during campaigns, rallies and so forth.

My questions are this - how much creative control do artists actually retain over their works?

Is it a legal issue?

Are there intermediate third parties involved? (For example, agent company M gets to make the call based on business contracts)

No opinions please, just the facts.

Thanks,

CK

Yes it is a legal issue . But it is not a simple one, because there are a number of possible variable's involved

First to clear up the terminology . In this context of copyrights over a musical work, the term Artist is too vague for a number of reasons. So the term copyright holder is more clear. Also I think your talking about legal control not "creative control"

Theoretically for a campaign to use a copyrighted work they should obtain permission from the copyright holder/s

That said there are a some possible legal exceptions, a campaign can use.
#1 if the convention hall, stadium etc. Holds performance licences with the Performing Rights Organization (PRO) that the song being played is registered with (i.e. ASCAP,BMI, SESAC) then they can probably legally use the song even if the copyright holder objects.
However there are some possible (as yet untested in the courts) actions that a copyright holder (If they the copyright holder is also the recognizable Artist/Band voice associated with the song ) could pursue .

#1 being "right of publicity", where they could claim that their voice is part of their image and move to protect that image, regardless of what performance licence the venue may hold.

#2 under the “Lanham Act” (confusion or dilution of a trademark through unauthorized use) and “False Endorsement” (implies that the artist supports a product or candidate).

But the copyright holder Artist or Band would have to be willing to sue and take it to court to have any real teeth to prevent usage.

[chistrummer]

Originally Posted by Cypress Knee

I am looking for pure facts, not opinions.

Every campaign season it seems that Artist A objects to Candidate Z using their song during campaigns, rallies and so forth.

My questions are this - how much creative control do artists actually retain over their works?

Is it a legal issue?

Are there intermediate third parties involved? (For example, agent company M gets to make the call based on business contracts)

No opinions please, just the facts.

Thanks,

CK

Pretty much zero.

[PorkPieGuy]

Originally Posted by chistrummer

Pretty much zero.

I was thinking this too. As long as the candidate has paid for the rights, then he/she can use it in just about anyways he/she pleases...legally speaking I guess.

Fantastic question though.

Y'all think that an artist would have a case if the artist could prove that a candidate's use of the artist's music affected earning potential in a negative way? Like, let's say a song is really hot in the fall of 2020. Candidate decides to use it. The next day, downloads all but disappear.

Wow, what a quandary.