Pause that playlist, Kamala Harris and Donald Trump.
Not even the future President of the United States has the authority to play any song they want.
What they listen to once inside the comfort of the White House is, of course, their right. But while on the campaign trail ahead of the 2024 election, those seeking entry into the highest office in the country need the proper licenses and approvals to play an artist's copyrighted music. Without it, the presidential candidates could face untimely public condemnation from the artists and possible litigation.
Obtaining these approvals isn't quite as easy as signing up for a Spotify subscription.
Just as a politician might not listen to the music of an artist they aren't a fan of, musicians might not want their work used by a political party they aren't affiliated with.
In many cases, campaign organizers pay an annual fee to obtain a blanket license from performance rights organizations to play or perform any work within a rightsholder's entire catalog.
“The campaign will use it for live performances only, which means when they're outside somewhere or they're in an arena where they're just gonna put out the song live, no one's recording it, it's not being simulcast, it's not being streamed, none of that,” said Kenneth Freundlich, a business, entertainment and intellectual property attorney “That implicates only one right.
Decision 2024
“You do not need to license the master recording of the song for a live performance only. So, what would normally happen is when you go to a concert, the venues themselves get what's called a blanket license from the performance rights organizations.”
But even with that license, an artist or license holder can still object. So, campaign organizers often just press play on a song and hope it doesn't anger those holding the rights to it.
Get a weekly recap of the latest San Francisco Bay Area housing news. >Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
"Campaigns operate on the ask for forgiveness rather than permission basis, especially when it is not in the context of a television commercial," Joel Sawyer, the former head of communication for South Carolina Gov. Mark Sanford. "If you are playing music at a live event, you kind of operate like a college cover band, just use the music and you hope for the best."
Trump has faced recent backlash from artists after their songs were used at his campaign rallies. Celine Dion made a post on social media saying Trump used unauthorized video of her performing her song "My Heart Will Go On" at his rally in Montana.
"Today, Celine Dion’s management team and her record label, Sony Music Entertainment Canada Inc., became aware of the unauthorized usage of the video, recording, musical performance, and likeness of Celine Dion singing “My Heart Will Go On” at a Donald Trump / JD Vance campaign rally in Montana," read a statement posted on Dion's X account. "In no way is this use authorized, and Celine Dion does not endorse this or any similar use. …And really, THAT song?"
The family of late soul singer Isaac Hayes threatened legal action against Trump for the unauthorized use of the song "Hold On I’m Coming" at campaign rallies from 2022 to 2024.
"It's just about not having their music associated," Freundlich said. "Either they are not down with that political party, and they want to be with the other party, or they're just not political. They don't want their songs thrown in the fray."
Trump has received authorization from musicians like Kid Rock and Lee Greenwood, known for his patriotic anthem, “God Bless the USA.”
Artists, however, do not always have control over how and when their music is played. Political campaigns obtain licenses from performing rights organizations like ASCAP that enable them to use a wide variety of songs from the catalogs of recognizable artists at live events. If an artist objects to its use, the song is pulled from the license.
“If the artist has already gone to the PRO and told them to stop using it ...your first step is a cease and desist letter from a lawyer. And sometimes that will work. And it does in many cases,” Freundlich said. “Now, once it's pulled, technically, it's a copyright infringement for the campaign to continue to use it.”
But not every campaign immediately complies, risking up to $150,000 in statutory damages from the copyright infringement for each work used.
“It's simply a public pressure campaign,” Sawyer said. “In cases where it is a national figure who is very divisive, when you have artists who do not want their work associated with a divisive figure, you're going to see more and more of this.
"You're putting together a playlist, but look, you don't want any unforced errors, right? You don't want stories like this coming out in the middle of the campaign. So if you get that first letter saying, don't use this anymore, the best practice would be don't use it anymore."
So, which party has the better musical catalog to choose from for its campaign playlist?
"I don't think it's inaccurate to say the Democrats have had a little bit better luck than Republicans in finding good and popular bands," Sawyer said. "Kamala Harris has Beyoncé in one of her ads for God's sake. I mean, how are Republicans supposed to compete with that?"
The Associated Press contributed to this story
