American indie folk sensation Noah Kahan has publicly lambasted former US President Donald Trump and his campaign for the unauthorised use of his song, 'American Cars', in a recent social media post. Kahan, whose music has garnered an international following, made his displeasure clear in a direct online retort, declaring he would "never approve" of his work being associated with Trump or his administration.
The White House, presumably referring to Trump's presidential campaign given the context unearthed by US political publication The Hill, had captioned the contentious Instagram post with the phrase "Made in America is BACK." The video accompanying the slogan featured Kahan's track, leading to the artist's swift and unequivocal condemnation in the comments section of the post itself.
A Blunt Online Rebuff
Kahan's response was not couched in diplomatic language, leaving no ambiguity about his stance. "Would never approve of my music being used in support of you or this administration," the singer-songwriter directly addressed Trump's campaign. This isn't the first time American artists have pushed back against politicians, particularly Trump, for utilising their musical works without explicit permission or against their expressed wishes. The incident highlights the ongoing tension between political campaigns seeking popular cultural relevance and artists keen to control their creative output and its public perception.
While the financial implications of such unauthorised use for a single social media post might be negligible – intellectual property lawyers in Australia estimate licensing for such a usage could range from a few hundred to a few thousand Australian dollars, depending on reach and duration – the reputational damage and implied endorsement are often the primary concerns for artists. For Kahan, a prominent voice within the indie folk scene known for his introspective and often socially conscious lyrics, an association with Trump could alienate a significant portion of his fanbase and compromise his artistic integrity.
The Australian Precedent
Australia has seen its own share of musical appropriation in the political arena. Famously, John Farnham's iconic anthem 'You're the Voice' has been a perennial favourite for political rallies across the spectrum, often to his chagrin. Farnham has, on multiple occasions, issued statements and even legal threats against parties using his song without permission. Similar incidents have involved other Australian artists, leading to broader discussions about copyright law and political campaign ethics. The Australian Performing Right Association (APRA) and Phonographic Performance Company of Australia (PPCA) typically manage the licensing of musical works for public performance and broadcast, but social media usage can often fall into a greyer area, particularly when the artist has a strong moral objection.
Campaign Playlists and Copyright Quandaries
Political campaigns often leverage popular music to connect with voters, evoke specific sentiments, or project a certain image. However, securing the necessary licenses can be a complex and costly endeavour. US copyright law generally grants copyright holders exclusive rights to reproduce, distribute, and publicly perform their works. Using a song in a social media video without permission, even for political purposes, typically constitutes copyright infringement. While some campaigns argue 'fair use' – a legal doctrine permitting limited use of copyrighted material without acquiring permission for purposes such as commentary or parody – such arguments rarely hold when the use is clearly promotional or endorsement-oriented.
Kahan's swift and public rebuke serves as a potent reminder that artists are increasingly willing to use their platforms to control how their art is perceived and utilised, especially when it comes to political affiliations they do not support. The incident will no doubt add to the growing list of cases where musicians have taken a stand against attempts to co-opt their creative works for political gain.
