Steven Tyler demands Trump stop playing Aerosmith at rallies

[Mrs. Overall]

Rock legend Steven Tyler has sent a cease-and-desist letter to the White House demanding that President Trump stop playing Aerosmith songs at his rallies.

Tyler’s attorney, Dina LaPolt, sent the letter after Trump’s Tuesday night rally in West Virginia, as first reported by Variety. The band’s “Livin’ on the Edge” played as Trump supporters entered the Charleston Civic Center.

LaPolt’s letter, a copy of which was obtained by Variety, notes that Trump was previously asked to stop using Aerosmith songs twice during his campaign.

“Mr. Trump is creating the false impression that our client has given his consent for the use of his music, and even that he endorses the presidency of Mr. Trump,” the letter reads.

http://thehill.com/blogs/in-the-know/in-the-know/403013-steven-tyler-asks-trump-to-stop-playing-aerosmith-at-rallies

[mahatmakanejeeves]

1. IANAL, but I don't think that works.

If the right license has been obtained, and the proper fees have been paid, then the promoters can play away to their heart's content.

[gratuitous]

5. According to the quoted part of the latest cease-and-desist letter, Trump hasn't done that

At some point, though, Aerosmith has to take legal action instead of just sending another letter.

[jberryhill]

9. The letter implies that the relevant copyright license has been obtained

....since the letter isn't making a copyright claim.

“Mr. Trump is creating the false impression that our client has given his consent for the use of his music, and even that he endorses the presidency of Mr. Trump,” the letter reads.

One could claim that the use of a particular piece was so prominent and closely associated with the appearances that it conveyed an endorsement by the artist. On the facts here, I doubt a jury would get there.

This is a tired topic:

https://upload.democraticunderground.com/12512341055

[forgotmylogin]

6. Most large venues have an ASCAP license or similar.

Bars and restaurants and convention centers and retail stores pay a general fee - I believe yearly - to license most music that is heard in their locations whether as Muzak or karaoke or jukebox or piano-bar/club singing. That license *usually* doesn't extend to re-broadcast. They can't film a nightclub act and show it on TV without paying extended royalties because the ASCAP is only for public performance at a venue, not re-broadcast where they're going to make money from playing the music.

I'd guess if Trumph is using their own soundsystem/DJ they would need to have their own license, or it may be covered if the venue has one.

I could imagine though that the artists could singly revoke a public figure's right to use their music as a "signature" tune, however, especially if it happens to be playing at a rally on TV.

These can be very specific. I know some video-games when re-released (such as Grand Theft Auto which uses actual current music) have to change the music because it wasn't licensed for a separate release. Youtube has also done takedowns of videos where a song just happened to be playing in the background - even by no fault of the person recording. I saw some Coachella videos where they had to mute whenever music was playing in the background and do voice-overs and subtitles because they didn't have the right to use the music in a monetized video.

News sources may have to do the same - if they have a live reporter talking and Aerosmith is playing in the background, that might count as a "performance broadcast" of a song which is associated with the event.

[onenote]

14. The licenses that convention centers, arenas, etc. often exclude campaign events

and certain other types of events, requiring the entity using the venue to have separately obtained such licenses from the relevant performing rights societies (such as ASCAP and BMI).

[volstork]

8. Who thinks trump

has ever paid the proper fees for anything? He just takes whatever he wants and thinks he can get away with it.

[nolabear]

2. FINALLY!! C'mon, Mick. You can do it too.

He’s ruined “You Can’t Always Get What You Want” for me.

[Different Drummer]

10. Agreed. n/t

[Corvo Bianco]

3. Just use Happy Birthday it's been public domain since 2016

the KKK crowd won't mind.

[nolabear]

4. I'd assume they didn't. Aerosmith's legal team must know.

Numerous cease and desist orders sounds more than symbolic.

[jberryhill]

7. Numerous letters certainly does sound symbolic

I don't know where "cease and desist order" is coming from. No one's been ordered to do or not to do anything.

Absence of a legal action, and the phrasing of the letter itself, are pretty telling here.

First off, the relevant blanket licenses to use anything in the ASCAP catalog are pretty cheap, and it is likely the organization has one.

What Tyler is claiming here is something other than a copyright claim, because they know they don't have one. They are claiming that the use of the music implies endorsement by the artist - i.e. it is a quasi right-of-publicity claim, not a copyright claim.

I doubt any finder of fact would, in a million years, think that use of the piece in question is understood by the audience to imply endorsement by the artist.

So, they just keep sending letters.

[lame54]

11. I say let Trump play Aerosmith...

Pandora's Box
No More No More
Rats in the Cellar
S.O.S.(Too Bad)
Movin' Out
Draw the Line
One Way Street
Same Old Song and Dance
Spaced
Hangman Jury
Permanent Vacation

[Zambero]

12. Love in an Elevator: Going DOWN!

The UP switch is beyond repair.

[Totally Tunsie]

13. His rallys will start to look and sound like his inaugural - -

D-grade entertainers who no-one has heard of. Can jugglers, plate spinners and ventriloquists (Yes, I'm looking at you Jeff Dunham!) be far behind? Do Usay and Quday play the harmonica? Does Iwanka mind being sawed in half? Hey, whatever it takes to rouse the deplorables!

A number of musical artists have requested that Trump not play their songs at public events, including R.E.M., Twisted Sister and Elton John.

Mick? Mick? Bueller? Bueller?