Jack White Sues Trump for Unauthorized Use of Song

Background

The White Stripes' frontman, Jack White, has filed a lawsuit against former President Donald Trump for allegedly using the band's song "Seven Nation Army" at a political rally without permission.

According to the lawsuit, filed in U.S. District Court in Nashville, Tennessee, Trump's campaign used the song without a license at a rally in Tulsa, Oklahoma, in June 2020.

White's lawsuit alleges that the use of the song violated his copyright and seeks damages and an injunction against Trump from using the song in the future.

Copyright Law

Copyright law gives creators of original works, such as songs, exclusive rights to control how their work is used.

These rights include the right to reproduce the work, distribute it, create derivative works based on it, and perform it publicly.

In order to use a copyrighted work without permission from the copyright holder, a person must have a valid defense, such as fair use.

Fair Use Defense

The fair use defense allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

However, the fair use defense is not absolute, and courts will consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.

In this case, it is unlikely that Trump's campaign would be able to successfully assert a fair use defense because the use of the song was not for a transformative purpose and was likely to have a negative impact on White's potential market for the song.

Damages and Injunction

If White is successful in his lawsuit, he may be entitled to damages for the unauthorized use of his song.

Damages can include actual damages, which are the financial losses White has suffered as a result of Trump's use of the song, and statutory damages, which are a set amount of money that the court can award without proof of actual damages.

White may also be entitled to an injunction, which is a court order that would prohibit Trump from using the song in the future.

Conclusion

The outcome of White's lawsuit against Trump will depend on a number of factors, including the court's interpretation of the copyright law and the facts of the case.

However, White has a strong case, and it is likely that he will be successful in obtaining damages and an injunction against Trump.