Do Politicians Need a Musician's Permission to Play One of Their Songs at a Campaign Event?

Dyana Wing So, Unsplash
Dyana Wing So, Unsplash

Whether it’s the songwriter, the performer, or the recording label, someone always owns the rights to a song. Whether or not one needs permission to play that song depends a lot on the circumstances. A DJ at a wedding doesn’t need to worry about any consequences for playing Peter Gabriel's “In Your Eyes” or The Righteous Brothers's “Unchained Melody.” Sports arenas can pipe in the Rolling Stones's “Start Me Up” without a release.

In the world of politics, however, campaigns and rallies that rely on music to stir up crowds often come under fire for unauthorized use. What’s the reason?

According to Rolling Stone, it’s not typically an issue over copyright, though using a song without permission is technically copyright infringement. If a song is played in a public venue like a stadium or arena that has a public performance license, no permission is needed. The license is typically granted through a songwriters’ association like the American Society of Composers, Authors, and Publishers (ASCAP) or Broadcast Music, Inc. (BMI). Even so, ASCAP still recommends [PDF] that political campaigns seek out permission from the musicians or songwriters, as these licenses exclude music played during conventions or campaign events.

Additionally, most artists aren’t concerned with their music being played at a wedding or sporting event. It is, after all, a form of free publicity and exposure, and no one is really making any substantial amount of money from their work. But the political realm is different. Because artists might have differing political beliefs than a candidate using their music, they sometimes grow concerned that use of their material might be construed as an endorsement.

That’s when artists can begin to make noise about wanting politicians to stop playing their music. In this instance, they can object on the basis of their Right of Publicity—a legal argument that covers how their image is portrayed. They can make the assertion that use of their work infringes on their right to not be associated with a subject they find objectionable. Other arguments can be raised through the Lanham Act, which covers trademark confusion (or a False Endorsement), which addresses the implication an artist is endorsing a political message if their music is used.

In 2008, for example, Jackson Browne won a lawsuit against John McCain and the national and Ohio GOP when the McCain campaign used Browne’s song “Running on Empty” in ads attacking Barack Obama over gas conservation.

Even if the musician isn’t supportive of a candidate, it’s not always advisable to take such action. A contentious legal confrontation can often result in more publicity than if a musician simply let the campaign continue uninterrupted. Other times, recording artists feel strongly enough about distancing themselves from a message they disagree with that they’ll take whatever steps are necessary.

The bottom line? More often than not, a song played during a campaign isn’t there because an artist or label gave their permission. And unless the artist strenuously objects to the campaign message and is willing to get into a legal tussle, they probably can’t do a whole lot to stop it.

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A New Ruth Bader Ginsburg Bobblehead Is Available for Pre-Order

The National Bobblehead Hall of Fame and Museum
The National Bobblehead Hall of Fame and Museum

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The late Ruth Bader Ginsburg was a devout champion for feminism and civil rights, and her influence stretched from the halls of the Supreme Court to the forefront of popular culture, where she affectionately became known as the Notorious RBG. Though there are plenty of public tributes planned for Ginsburg in the wake of her passing, the National Bobblehead Hall of Fame and Museum has a new RBG bobblehead ($25) available for pre-order so you can honor her in your own home.

There are two versions of the bobblehead available, one of Ginsburg smiling and another with a more serious expression. Not only do the bobbleheads feature her in her Supreme Court black robe, but eagle-eyed fans will see she is wearing one for her iconic coded collars and her classic earrings.

RBG is far from the only American icon bobblehead that the Hall of Fame store has produced in such minute detail. They also have bobbleheads of Abraham Lincoln ($30), Theodore Roosevelt ($30), Alexander Hamilton ($30), and dozens of others.

For more information on the RBG bobblehead, head here. Shipments will hopefully be sent out by December 2020 while supplies last.

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Why Is My Turkey Wearing Frilly Paper Hats On Its Legs?

All dressed up and nowhere to go.
All dressed up and nowhere to go.
Matt Cottam via Flickr // CC BY-NC-ND 2.0

Donning a chef’s hat while you cook Thanksgiving dinner is one thing, but sticking a tiny one on the end of each crispy turkey leg seems like it might be taking the holiday a bit too far.

Over the years, these traditional paper coverings have been called many creative names, including turkey frills, turkey booties, and even turkey panties. And while they’ve fallen out of fashion in recent decades, they originally served a very specific purpose. According to 19th-century writer John Cordy Jeaffreson, paper trimmings gained popularity in the 17th century as a way for women to keep their hands clean while they carved meat.

“To preserve the cleanness of her fingers, the same covering was put on those parts of joints which the carver usually touched with the left hand, whilst the right made play with the shining blade,” he explained in A Book About the Table in 1875. “The paper-frill which may still be seen round the bony point and small end of a leg of mutton, is a memorial of the fashion in which joints were dressed for the dainty hands of lady-carvers, in time prior to the introduction of the carving-fork.”

When etiquette books started encouraging "lady-carvers" to use carving forks, the paper didn’t become obsolete—it just got frillier. During the 19th and 20th centuries, chop frills were a cute and classy way to conceal the unsightly leg bones of roast turkey, lamb, chicken, or any other bird. “Dress up any leggy food with them for parties or the children’s birthdays,” Iowa’s Kossuth County Advance wrote in 1951. “They will be thrilled.”

If you’d like to dress up a leggy food or two this Thanksgiving, here are some instructions for making your own chop frills, courtesy of HuffPost.

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