Did Trump Pay the Stones to Use "Start Me Up"?

At the end of Trump's victory tirade tonight, just after he said goodbye, I heard the first five notes of the Rolling Stones' "Start Me Up." Did he pay the Stones or get their permission to use the song? When asked about it in February, the Stones said he never asked permission.

I doubt the Stones would let him use their music. They should send a "cease and desist order" telling him they have no sympathy for the devil. (Or maybe release a new version changing some lines. How about, "I'm a man of wealth and shame." )[More...]

The Stones don't like Trump. In 1989 in Atlantic City, the Stones had it put in their contract that Trump wouldn't personally attend the show. He showed up anyway, and allegedly lied, claiming they "begged him" to come. Keith Richards reportedly slammed a knife on a table and insisted he leave, saying it's him or them. True story? Who knows, but it got some traction.

Here's an interesting high quality video of Sympathy for the Devil from 1969. The audio is from a Madison Square Garden performance on November 28, 1969, but the video footage includes the infamous Altamont concert that December. I wonder how many of those in the audience are registered voters today. Would any of them vote for Trump?

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    As ive previously mentioned (5.00 / 1) (#3)
    by fishcamp on Wed Apr 27, 2016 at 12:18:41 PM EST
    I was a cameraman for the Maysles Brothers film at the tragic Altamont concert.  It was a good concert until one of the Angels beat that guy with a pool cue.  The Stones left immediately by helicopter.  I couldn't find our film truck in the ensuing riot, but did hop on the back seat of a Harley driven by one of the good Hells Angels that I knew, and with my giant camera.  It's not too far to SF from Altamont, but is is when it's raining.  Lotta good memories from those days, but that one I wished I had missed.  It was beyond exciting.

    i wondered about that myself, when i read (none / 0) (#1)
    by cpinva on Wed Apr 27, 2016 at 08:00:28 AM EST
    that it played as he left the stage. somehow, I don't get the impression that Mick and the guys would be big Trump supporters. hey, I could be wrong.

    The Rolling (none / 0) (#2)
    by Ga6thDem on Wed Apr 27, 2016 at 08:15:39 AM EST
    Stones should allow Trump to only play one song at his rallies and it should be Sympathy for the Devil.

    Would Trump need the Stones permission? (none / 0) (#4)
    by parse on Wed Apr 27, 2016 at 03:04:05 PM EST
    According to what ASCAP has published regarding use of music in a political campaign, I think a campaign can get a public performance agreement license from ASCAP that would cover any copyright issues for all songs they license. (And they could get similar ones from BMI and SESAC as well.)

    There might still be grounds for the Stones to take legal action, but I think that would typically require they demonstrate that Trump was implying that the Stones supported his candidacy or that he was diluting their trademark, which the mere use of a song at a campaign event would seem unlikely to do.

    What legal action do you think would be available to the Stones regarding playing "Start Me Up" at Trump events?

    ask Jackson Browne's lawyer (none / 0) (#5)
    by Jeralyn on Wed Apr 27, 2016 at 04:29:44 PM EST
    who sued John McCain for playing Running on Empty. They ended up settling.

    Browne filed a copyright infringement lawsuit against both McCain and the Republican National Committee on Thursday in U.S. District Court in Los Angeles seeking a permanent injunction prohibiting the use of the forlorn arena anthem or any other Browne compositions, as well as damages.

    ...Browne's attorney, Lawrence Y. Iser, says ... "We have sued the Ohio Republican Party as well, and we have been informed and believe that McCain and his campaign were well aware of the ad. We are also informed and believe that the ad was broadcast on television in Ohio and Pennsylvania.... The fact that it appears on the Internet means it also reaches an audience well beyond those states."

    Iser said the lawsuit "is not politically motivated. It's a copyright infringement lawsuit, pure and simple, but the fact that Sen. McCain has used this song in a hit-piece on Barack Obama is anathema to Jackson."

    Here's Rolling Stone on all the artists who have complained about Republicans taking their music without approval.

    McCain used the tunes at rallies to underscore his "Country First" message. Mellencamp - who has called himself "as left-wing as you can get" and performed at a John Edwards rally during the 2008 Democratic primaries - asked that the presidential hopeful cease and desist. The rocker also asked Bush to stop using "R.O.C.K. in the U.S.A." in 2000, and told Salon that he discouraged Reagan from using "Pink Houses" as his campaign song in 1984 when reps reached out.
    Result: Four days after Mellencamp's request was made, McCain's campaign announced that it would no longer play either "Our Country" or "Pink Houses" at events.

    I wonder what the terms of the licensing agreements granted by performing rights organizations contain in the exceptions section (I assume there is such a section, and if it doesn't contain a prohibition on using  the songs in political campaigns, it should be added.)


    this may answer (none / 0) (#6)
    by Jeralyn on Wed Apr 27, 2016 at 04:31:42 PM EST
    shorter version (none / 0) (#7)
    by Jeralyn on Wed Apr 27, 2016 at 04:32:57 PM EST
    Even if the proper licenses are granted by publishers and record labels, the performing groups themselves may be entitled to protections under the right of publicity and the Lanham Act, meaning their permission is essentially required as well.

    In short: if you want to use a song to promote your campaign, talk to the song's artist, and his or her record label first.

    according to the (none / 0) (#8)
    by Jeralyn on Wed Apr 27, 2016 at 04:39:33 PM EST
    ASCAP: Using Music in Political Campaigns: What you Should Know, the possible legal actions (notwithstanding a license) include:

    Q: If the campaign events are properly licensed, can the campaign still be criticized or even sued by an artist for playing his or her song at an event?

    A: Yes. If an artist does not want his or her music to be associated with the campaign, he or she may be able to take legal action even if the campaign has the appropriate copyright licenses. While the campaign would be in compliance with copyright law, it could potentially be in violation of other laws. Specifically, the
    campaign could be liable under any of the following claims:

    (1) "Right of Publicity", which in many states provides image protection for famous people or artists.

    (2) The "Lanham Act", which covers the confusion or dilution of a trademark (such as a band or artist name) through its unauthorized use.

    (3) "False Endorsement" where use of the artist's identifying work implies that the artist supports a product or candidate.

    As a general rule, a campaign should be aware that, in most cases, the more closely a song is tied to the "image" or message of the campaign, the more likely it is that the recording artist or songwriter of the song could object to the song's usage in the campaign.

    Q: How can the campaign protect itself against these other claims?

    A: If a campaign wants to eliminate any of these claims, particularly if the campaign wants to use a song as its theme, they should contact the management for the artists and/or songwriters of the songs in question and obtain their permission. In addition to permission from management, a separate negotiated license maybe required by the publisher of the composition , and if used, the record label that controls the master recording .