The White Stripes have filed a copyright lawsuit Donald Trump for using “Seven Nation Army” in a social media post, making good on threats to sue the Republican presidential nominee.
In a complaint filed Monday in Manhattan federal court, Jack White and Meg White accused Trump and his campaign of “blatantly misusing” one of the “most famous and influential musical works of all time.”
The lawsuit alleges that Trump infringed on the band's rights to the song and harmed the duo by suggesting they support his bid for another presidential term.
“The new association with Defendant Trump that Defendants have attempted to Plaintiffs through the Trump-defying videos is all the more offensive to Plaintiffs because Plaintiffs strongly oppose the policies adopted and actions taken by Defendant Trump while President and in those he proposed for the second term he is looking for,” the White Stripes' lawyers wrote.
In a social media post announcing the lawsuit, White included a screenshot of the complaint with a one-line caption: “This machine is suing the fascists.”
The filing of the case came less than two weeks after White accused Trump of apparently using his song. In the video in question, released by the former president's deputy communications director, Trump climbs the stairs of a plane as the iconic bass riff of “Seven Nation Army” plays.
“Oh… Don't even think about using my music, you fascists,” White began. “Lawsuit coming from my lawyers for this (to add to your 5k others.)”
Many artists have spoken out in recent weeks about Trump's use of their music. Beyoncé, Celine Dion, Foo Fighters, ABBA and Sinead O'Connor's estate have spoken out against the former president's use of their songs.
Most of the complaints came as public statements or cease and desist letters, but others have taken legal action against the White Stripes. In August, the estate of Isaac Hayes sued in federal court, accusing the campaign of using “Hold On, I'm Coming” at rallies and in videos of those events. Last week, the Hayes estate won an injunction barring the use of the song while the case unfolds.
The use of copyrighted music at campaign rallies is a sometimes murky issue, with candidates often claiming to have secured a blanket license from ASCAP or BMI to perform the piece. But using a song in a video is simpler. If an applicant has not secured sync permission directly from the artist or their label, their use is copyright infringement.
In their lawsuit Monday, the White Stripes said Trump knew or should have known he needed permission to play their song in his video — citing the fact that he “received numerous copyright claims from musical artists whose work he used without permission”.
The band also mentioned their previous opposition to the use of their music. In 2016, the White Stripes “publicly sued” Trump for using their songs, saying they were “disgusted by this association”.
A spokesman for the Trump campaign did not immediately return a request for comment.
