The Smiths added to Trump rally music (January 23, 2024)

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Not sure if this is a joke: tweet says Trump added Please, Please, Please, Let Me Get What I Want to his pre-rally music in Laconia, New Hampshire.



UPDATE 12:34PM PT:

Surface posted the link:



Media coverage:
 
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Has anyone considered that this may be an inside joke someone is pulling on Trump?
Some venues have licensing rights to play just about anything and everything; so if the venue is playing the music, they just may have the legal right to do so, no matter if Johnny likes it or not.
Do you really think Trump has much if anything to do with the music? Do you think he has even heard of The Smiths?
 
The Seeker of Good Songs said:
Has anyone considered that this may be an inside joke someone is pulling on Trump?
Some venues have licensing rights to play just about anything and everything; so if the venue is playing the music, they just may have the legal right to do so, no matter if Johnny likes it or not.
Do you really think Trump has much if anything to do with the music? Do you think he has even heard of The Smiths?
Click to expand...

That's not the point at all, it's the association of the music with Trump. It's akin to music being used for advertisement and implies an endorsement. A venue's licensing rights don't come into play for political rallies. In the article the Smiths might have "moral rights" to their music.
 
Gray Fruit said:
That's not the point at all, it's the association of the music with Trump. It's akin to music being used for advertisement and implies an endorsement. A venue's licensing rights don't come into play for political rallies. In the article the Smiths might have "moral rights" to their music.
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"...Under the Lanham Act (the law governing trademarks), trademark infringement can occur if the use of a song by a politician is likely to create confusion** in the marketplace that the musician endorses the politician, especially if this association harms the musician’s reputation (referred to as “dilution by tarnishment”). But meeting this bar isn’t so easy. To determine whether a likelihood of confusion exists, the federal courts have developed an eight-factor test (called “the Sleekcraft factors” after the landmark 1979 Ninth Circuit case, AMF, Inc. v. Sleekcraft Boats). Those factors are:
  1. The strength of the mark;
  2. The proximity or relatedness of the goods;
  3. The similarity of the marks;
  4. Any evidence of actual confusion;
  5. The marketing channels used;
  6. The degree of care customers are likely to exercise in purchasing the goods;
  7. The defendant's intent in selecting the mark; and
  8. The likelihood of expansion into other markets.
A quick perusal of the list shows why there’s been so little litigation on this topic... there are a lot of factors and it's hard to meet them all! And that’s because most people don’t confuse usage of a song with political endorsement. In other words, they don't assume REM supports Trump even when the songs play prominently during his rallies. We all know that musical taste is not determined by ones' political leanings; people just like the music they like. That's all there is to it...
That’s why artists are generally content to play the copyright infringement card, or are satisfied with badmouthing the candidate. They definitely have legal options, but they butt up against the harsh reality of the situation, which is that no one cares if a republican uses a pop song during a campaign.
~https://www.thelegalartist.com/blog...a-trademark-issue-but-it-doesnt-matter-anyway

and

"...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."
~https://www.mentalfloss.com/article...need-permission-play-music-at-campaign-events
 
Gray Fruit said:
Still in the news, the Smiths were played again at the recent CPAC - https://www.newsweek.com/donald-trump-accused-stealing-music-1873237

Relevant portion of the article:
This isn't the first time that Trump has found himself in hot water when it comes to music usage. Footage was previously shared online of him using "Please Please Please Let Me Get What I Want" by the English rock band The Smiths at the South Dakota Republican Party rally in Rapid City on September 9, 2023.

The video was posted to X by Soorin Kimm, the 2024 campaign reporter for ABC, on January 24, 2024. "You actually hear the Smiths more often than you'd think at 2024 Trump rallies," she wrote in a post that has been viewed more than 9.4 million times.

On the same day the band's guitarist, Johnny Marr, reposted it and added: "Ahh...right...OK. I never in a million years would've thought this could come to pass. Consider this s*** shut right down right now."

Mike Burgess, an independent music-rights adviser with experience in U.K. copyright law, told Newsweek that Trump could face a lawsuit. He added that, while there are important and distinct differences between territories, Burgess said it may be possible for Johnny Marr and The Smiths to seek an injunction of some form in the U.S.

Burgess said that this could be done if it can be argued that repeated usage of the same song—or potentially The Smiths' catalog as a whole—is insinuating what is commonly known as "passing off." "I.e. that the public could interpret that Trump making use of the song is some form of approved association by the writers and performers of the song with Trump's campaign and/or political beliefs," Burgess said.

"Furthermore, Johnny Marr will have some form of moral rights under U.S. law, as we have in the U.K., which would also grant him some right to object to what he would argue is a derogatory use of his work.

"Such rights exist so that, if a party has a genuine objection to the use of their name, image or likeness, they can legally protest this and actions must be taken to prevent this from reoccurring," Burgess added.
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Maybe Johnny changed his mind about Trump, that’s why it’s still being used?
 
The Seeker of Good Songs said:
Has anyone considered that this may be an inside joke someone is pulling on Trump?
Some venues have licensing rights to play just about anything and everything; so if the venue is playing the music, they just may have the legal right to do so, no matter if Johnny likes it or not.
Do you really think Trump has much if anything to do with the music? Do you think he has even heard of The Smiths?
Click to expand...
Yes, across most of the world, The Smiths are as famous as The Beatles. Everyone has heard of The Smiths. And I reckon Morrissey is pretty well known too. And they know him for being a contrarian who will never be told what to do or not to do or what to say or not to say. Everyone respects him, even if not everyone may like him.
 
ZOOM FROM GLOOM said:
Maybe Johnny changed his mind about Trump, that’s why it’s still being used?
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I would imagine he simply spoke to a lawyer and the lawyer advised him - not really much you can do. A cease and desist letter would need to come from a lawyer acting on behalf of both of them. Good luck with that.
 
gashonthenail said:
I would imagine he simply spoke to a lawyer and the lawyer advised him - not really much you can do. A cease and desist letter would need to come from a lawyer acting on behalf of both of them. Good luck with that.
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I guess you would need to be a Springsteen to get things done.
 
gashonthenail said:
Yes, across most of the world, The Smiths are as famous as The Beatles. Everyone has heard of The Smiths. And I reckon Morrissey is pretty well known too. And they know him for being a contrarian who will never be told what to do or not to do or what to say or not to say. Everyone respects him, even if not everyone may like him.
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Trump is in a world of his own. I still think it's an inside joke against him.
 
The Seeker of Good Songs said:
Trump is in a world of his own. I still think it's an inside joke against him.
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Don’t believe Trump knows much about good music in general, and is probably not even aware of the music on there. But I do believe he trusts his team to make the ‘right’ decisions, considering he believes that he only hires the best of the best.
 
ZOOM FROM GLOOM said:
Don’t believe Trump knows much about good music in general, and is probably not even aware of the music on there. But I do believe he trusts his team to make the ‘right’ decisions, considering he believes that he only hires the best of the best.
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A person at my work attended a Trump rally some time ago. He said he arrived an hour or so early and had to stand in line for the doors to open. He said that Trump arrived at the rally 3 hours or more after it was supposed to have started. My takeaway is that Trump isn't even there long enough to even hear what is played except maybe for the walk on music and whatever nonsense that transpires during.
 
im going to shut this shit right down right now,still waiting.
 
goinghome said:
On his current affairs programme on RTE Radio 1 today, Brendan O' Connor interviewed personable comedian Anne Gildea, and asked her to pick 5 songs to signpost her potted and colourful life story.

Her second choice was Please Please Please..., which sparked an animated conversation about the latest controversy over the song being used by Trump, and a question about Morrissey's would-be opinion and unusual silence.

Both of them stumbled trying to recall why they weren't supposed to talk well about him now, and rather than badmouth him, they made fond remarks and shared affectionate memories of his Vicar Street show. :sweet:

Just past the 1 hour mark, the segment lasts about 10 minutes

https://www.rte.ie/radio/radio1/bre...945-brendan-oconnor-saturday-27-january-2024/
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you would think M was the yorkshire ripper the way some people go on,same with graham linehan writer of father ted and the i t crowd,two of the funniest shows ever and now his life is ruined,running out of money,his wife has left him,thats what happens when you are cancelled,shocking how this can happen in this day and age.
 
gashonthenail said:
Yes, across most of the world, The Smiths are as famous as The Beatles. Everyone has heard of The Smiths. And I reckon Morrissey is pretty well known too. And they know him for being a contrarian who will never be told what to do or not to do or what to say or not to say. Everyone respects him, even if not everyone may like him.
Click to expand...
I don't know about that, I have people I've brought The Smiths up to confidently and they ask, "Who??" Even my family, my parents and siblings, have no idea who they are. After I wore my Morrissey charm necklace the other day around them and they ask who that is, I told them and they shrugged. I actually met someone for the first time yesterday at work who knows of The Smiths. He asked if I like them after he saw me wearing a Smiths T-shirt... "Yes, I do like them, that's why I'm wearing the shirt..." 🌞 I feel alone here in Midwestern USA aka hick-ville, but I'm use to it. Everyone here seems to only like either Taylor Swift, country music, metal, or rap. 🙈

(I just noticed you said *most of the world* oh well, lol)
 
LOL - the Mozzer won't be happy about this article!

'Johnny Marr, frontman for the Smiths, also condemned Trump publicly on X (formerly Twitter) for using their 1984 hit, “Please, Please, Please, Let Me Get What I Want,” for an event in South Dakota.'

nypost.com

Sinéad O’Connor’s estate demands ‘biblical devil’ Donald Trump to stop using her music at rallies

“It was with outrage therefore that we learned that Donald Trump has been using her iconic performance of ‘Nothing Compares 2 U’ at his political rallies.”
nypost.com nypost.com
 

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