Neil Young took issue with Donald Trump using his song, "Rockin' In The Free World," at his presidential campaign kickoff on Tuesday, but Trump fired back, saying he licensed the song fair and square.
"Through a licensing agreement with ASCAP, Mr. Trump’s campaign paid for and obtained the legal right to use Neil Young’s recording of 'Rockin' In The Free World,'" Trump campaign manager Corey Lewandowski
told Fox News on Wednesday. "Nevertheless, there are plenty of other songs to choose from. Despite Neil’s differing political views, Mr. Trump likes him very much."
The night before Trump's team defended the use of the song, Young's team released a statement accusing the real estate mogul of not having the proper authorization.
"Donald Trump was not authorized to use 'Rockin' In The Free World' in his presidential candidacy announcement. Neil Young, a Canadian citizen, is a supporter of Bernie Sanders for President of the United States of America," said Young's representatives.
On Twitter, David Crosby — of Crosby, Stills, Nash & Young — said that "Trump has picked a fight with the wrong guy...bad idea," but legal experts suggested that it's unclear who would win if the case ever went to court.
Rolling Stone noted that even with a license, Trump might be in violation of ASCAP rules outlined in the document "Using Music in Political Campaigns." According to ASCAP, political campaigns "will need to contact the song's publisher and possibly the artist's record label to negotiate the appropriate licenses with them."
The Hollywood Reporter soon corrected Rolling Stone, however, explaining that the ASCAP rule only applies to campaign commercials, not rallies.
"Nevertheless, ASCAP does warn that artists could sue for songs played at campaign events on causes of action that include right of publicity, trademark dilution or false endorsement under the Lanham Act," wrote The Reporter. "But that's not to say that a musician would actually prevail in a lawsuit asserting such claims . . . there's enough language [in past court rulings] expressing doubt over consumer confusion to give politicians some optimism about heading into court with a musician."
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