On Monday, September 9, 2024, the White Stripes sued Donald J. Trump and his election campaign over “flagrant misappropriation” of their song “Seven Nation Army.”
The White Stripes is a rock band comprised of members Jack White and Meg White. The band recorded the song “Seven Nation Army” in 2003. Jack White wrote the musical composition and obtained a copyright registration from the U.S. Copyright Office on March 29, 2004. The White Stripes obtained a copyright registration from the U.S. Copyright Office for the recording of the song on March 29, 2004. The song was awarded a Grammy for Best Rock Song in 2004. “The riff in the introduction and elsewhere in the [song] is one of the most memorable and widely recognized pieces of modern-day music.”
On August 29, 2024, Trump’s campaign published a video on different social media platforms comprised of Trump boarding an aircraft for campaign stops with the song “playing for the duration of the video with no other sound whatsoever.” The complaint alleges that Trump and his campaign used the song in the video for the purpose of “(i) enhancing Defendant Trump’s public image; (ii) infusing energy into and excitement around Defendant Trump’s campaign. . . and (iii) attracting engagement, financial, and other support from current and prospective supporters.” The video received at least 65,000 views and 700 reposts “in a matter of just a few hours.” The complaint alleges that the defendants “neither sought nor obtained” the permission and endorsement of the White Stripes to use “Seven Nation Army.”
After viewing the video on social media, Jack White published a post on his Instagram account sharing the clip of the Trump campaign’s video. The caption for the post states: “Oh…Don’t even think about using my music you fascists. Law suit coming from my lawyers about this (to add to your 5 thousand others.). . . And as long as I’m here, a double [f–k] you DonOLD for insulting our nation’s veterans at Arlington you scum.”
The lawsuit was filed in the U.S. District Court for the Southern District of New York. The complaint claims as causes of action: (1) direct copyright infringement of the recording; (2) direct copyright infringement of the composition; (3) contributory copyright infringement of the recording; (4) contributory copyright infringement of the composition; (5) vicarious copyright infringement of the recording; and (6) vicarious copyright infringement of the composition. The complaint seeks relief in the form of a declaratory judgment; injunctive and equitable relief; a full and complete accounting of profits, gains, advantages, and value of business opportunities received from the infringement; damages; pre-judgment and post-judgment interest; and costs and attorney’s fees.
Upon the lawsuit’s filing, Jack White shared a picture of the first page of the complaint to his Instagram. That post’s caption reads “This machine sues fascists.” Multiple artists have protested the use of their songs by the Trump campaign this election cycle, including the family of late singer-songwriter Isaac Hayes, Celine Dion, Beyoncé, ABBA, and the Foo Fighters.
Additional Reading
The White Stripes file lawsuit against Trump over use of song: ‘This machine sues fascists’, The Hill (September 29, 2024)
The Trump Campaign’s Latest Copyright Conundrum, IPWatchdog (August 12, 2024)
Musicians who oppose Donald Trump’s use of their music, Wikipedia (September 10, 2024)
White et al v. Trump et al (Case No. 1:2024cv06811)
Complaint in White et al v. Trump et al
Photo Credit: MPH Photos / Shutterstock.com
