Skip to comments.How Donald Trump Broke the GOP’s Music Curse (he keeps playing Adele even after she complains)
Posted on 02/07/2016 9:43:21 AM PST by WilliamIII
click here to read article
Actually, the "artistes" are grandstanding jerks, since he's doing it with legal, paid-for permission. I'm glad Trump is taking a stand here. Here's to hoping he makes clear to the public that they are being drama queens, so GOP pols can play whatever they want at campaign events. This is another expansion of the Overton window that Trump has pioneered. He deserves a hearty round of applause for this move. I think Trump is a nogoodnik (that I'll vote for if he is nominated) relative to Ted Cruz, but these showbiz wastrels need to be put in their place.
Q. What is a public performance?
A. A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances). A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt. We recommend that you contact your local ASCAP representative who can discuss your needs and how ASCAP can help you.
Q. What Does the ASCAP license do?
A. ASCAP gives you a license to entertain your customers, guests and employees with the world's largest musical repertory. One of the greatest advantages of the ASCAP license is that it gives you the right to perform ANY or ALL of the millions of the musical works in our repertory. Whether your music is live, broadcast, transmitted or played via CD's or videos, your ASCAP license covers your performances. And with one license fee, ASCAP saves you the time, expense, and burden of contacting thousands of copyright owners.
So in essence, my backyard barbecue might be exempt from having to obtain an ASCAP license (depending on how ASCAP defines "a small circle of family and acquaintances"). If I have a barbecue for maybe 10-15 people, I might be safe. If I have a hundred people at my barbecue, then not only will my wife be angry with me but I might have to pay ASCAP fees.
On the otherhand, Donald Trump seems well protected if he has obtained a public performance ASCAP license for his rallies. The ASCAP unquestionably states that a license allows the right to ANY or ALL of the millions of musical works in the ASCAP library. Regardless of what blowhards like Adele, Springsteen and little Johnny Cougar have to say about it.
Getting back to my backyard barbeques, they are a blast. I cook up lots of steak, peppers, onions, chicken and such. I blast ASCAP type music all day and night long. We tend to drink heavily. Sometimes a bonfire gets involved.
Did a little research on this:
A Trump spokesperson confirms that the business mogul has paid the required fees to license Adele’s music for his rallies. It’s actually likely that his camp secured a blanket license with ASCAP and BMI to play any and all songs that are governed by those music organizations.
There is ongoing debate about this:
There is a line, however. Trump, and every candidate, would need an additional license to use the artist in question’s music for campaign commercials or video. But since that’s not the issue at hand here, there’s little Adele can do. The situation is reminiscent of one Trump faced last year when his own friend, Steven Tyler, sent a cease-and-desist letter over the Republican contender’s use of “Dream On.” The Aerosmith frontman’s attorney was later forced to acknowledge, “The Trump organization obtained public performance licenses from both ASCAP and BMI which cannot decline a public performance license even when a songwriter may not approve of the use.” - http://www.gossipcop.com/donald-trump-right-adele-songs-permission-music-license-objection/
In creating these blanket licenses, PRO’s are protecting the only right copy right law promises to protect in the interest of musicians; the economic right the musician owns to earn compensation for the playing of their music. The right which is not protected by this tandem of copyright law and the blanket license is the moral rig ht of a musician to object to a particular use of their work. 5.. as a more popular alternative to copyright law claims, some musicians have brought trademark claims as a means to close the gap left by copyright law. More: http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1277&context=student_scholarship
But consider the paradox. Liberals and certain courts assert that a Christian baker can be heavily fined for refusing to sell a specially created work of art due to his objections to the content and purpose of it, but the same type of liberals support a liberal musician refusing to allow their work of art from being used due to their objections to purpose of it. Likewise in the case of musicians or other artists for hire being compelled to make a work of art promoting what they object to.
In what seemed like an embarrassing rebuke, on February 1, Adele told the Republican front-runner that he didn’t have her permission to use her songs at his massive campaign events. Adele might just be the world’s most popular singer at the moment, and any normal candidate would have folded his tent, chastened. Not Trump. At his rally in Little Rock, Arkansas two days later the crowd of thousands listened to Adele’s “Skyfall” before Trump’s helicopter landed. A day after that, in Exeter, New Hampshire, Adele’s “Rolling In the Deep” could be heard blaring behind the candidate when he made his entrance.
The move was classic Donald Trump, shameless and defiant.
The history from El Rushbo
The real jerk is the media that gives Adele a platform.
Stop wondering. He's not. Not be a long shot.
I disagree. I think it makes the artist look biased and petty.
What’s Adele going to do? Hit Trump with her purse LoL.
Also, thanks for pointing out the hypocrisy regarding the Christian bakers not having the right to decide who gets to consume their products.
One of the reasons I support Trump is for this very thing.
If we don't break the shackles of political correctness in this country, we will never be able to solve the problems facing us.
Trump is the only one yet who has the power, nerve, whatever to take on the evil of political correctness and win.
All the true conservative rhetoric in the world is meaningless if one crumples like a cheap suit whenever one is called a racist, sexist, bigot, etc. by the PC crowd.
People respond to Trump because of this fearlessness.
As long as he’s paying for it he’s certainly within his legal rights. But just because you can doesn’t mean you should.
Yes write her a check.
If I hear “Hello” one more time...... I just can’t take it. Adele doesn’t sing; she wails. I can think of any number of female vocalists that I prefer. Someone like Karen Carpenter comes to mind immediately.
Just because Adele can complain doesn’t mean she should
How come all of you seem to have heard of this ‘Adele’ and I haven’t?
So you can play a record of someone for yourself and your family at your home, but you can’t play it if someone is visiting? That doesn’t make sense. I thought you could play what you wanted in your home? Even if guests are there?
A couple of years ago Ted Nugent came to Don Henley’s defense when Henley was complaining about a Republican candidate using his music. He said, “ Politics are extremely personal and each of us has the right to chose for whom, and if our sacred pieces of musical identity will or will not be used.” As an artist himself I respect his opinion on the subject over people like Trump. I’m sure Nugent wouldn’t like it if Bernie Sanders used “Never Stop Believing” at his campaign rallies.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.