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This article examines legal options for songwriters to challenge political use of their music, indicating gaps remain in copyright protections.
This article examines how songwriters in the United States object to the unwanted performance of their musical works at live political events, and the legal options available to challenge such uses. Prompted by the repeated use of ‘Hold On, I'm Comin'’ as outro music at Donald Trump's campaign events between 2020 and 2024, and the recent litigation brought by the family of co‐writer Isaac Hayes, the article explores the limits of three legal approaches commonly relied upon in these disputes between songwriters and political users of music: copyright claims based on the public performance right, false endorsement claims under the Lanham Act, and state‐based right of publicity claims. The analysis considers how music industry practices shape copyright ownership, how blanket licensing systems administered by performing rights organisations restrict objections to political uses, and how revocation clauses are a limited tool for preventing future performances. It also shows that Lanham Act and publicity‐rights claims succeed only in narrow circumstances. The article concludes that while copyright law can sometimes offer control over political uses of music, alternative legal doctrines rarely make up for weak copyright claims, leaving ongoing gaps in the ability of songwriters to resist politically objectionable uses of their work.
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Cooper et al. (2026) studied this question.
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