• Skip to main content
  • Skip to primary sidebar
  • My Social Media
  • About
    • About Mark Draughn
    • Testimonials
    • Other Authors
      • About Gary Olson
      • About Ken Gibson
      • About Joel Rosenberg
    • Disclosures
    • Terms and Conditions

Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

Music Rights, Politician’s Rights

October 15, 2008 By Mark Draughn Leave a Comment

One of the many side issues during this campaign season has been the use of contemporary music by the campaigns—in commercials or as background to conventions and rallies. The original artists don’t always like the candidates who use their music, and often they have the legal right to stop them. (Not always. Music licensing is complicated and often kind of stupid.)

Getting sued by the remnants of a 20-year old band is a little embarassing for a campaign, but given the gigantic egos of people in politics, I’ve been expecting for some time that the political class would take advantage of the fact that they write the copyright laws and just create an exception for music during campaigns.

And here’s the first sign of it, in a Washington Post op-ed by Christopher Sprigman and Siva Vaidhyanathan from the University of Virginia:

Artists should speak up, loudly, when they feel the use of their songs misrepresents their views, particularly if such use could create the public impression of an endorsement.

But the one thing they should not do — and should not legally be permitted to do — is file a copyright lawsuit to prevent the political use of a song.

The first reason they give is somewhat technical:

Almost all recording artists make their songs available for use via a “blanket license” from firms such as ASCAP (the American Society of Composers, Authors and Performers) or BMI (Broadcast Music Inc.). By lowering the cost of licensing, the blanket licensing system provides artists with revenue they would not otherwise obtain; it also makes it easy for bars and restaurants to play music without hassle, fear or crippling costs. If artists start trying to pick and choose who is eligible for a blanket license, the efficiency of the system would be destroyed.

Although somewhat simplified, that’s reasonably accurate. However, it only explains why it would be an unwise business practice for artists to pick and choose their licensees, not why it would be bad public policy.

(By the way, the idea that the current music licensing system is efficent is a questionable proposition. It was probably pretty efficent back when music was all recorded live in studios and then pressed into vinyl records, but in our era of modern digital production pipelines, where highschool students can make music videos with pocket cameras and distribute them over the internet, it seems to pointlessly impair creativity.)

Their other reason is a little scary:

Politicians use songs as a way to tell people what they stand for — or at least what they want us to believe they stand for. Using a song to communicate a political message is just the kind of speech the First Amendment was designed to protect.

And I fully support the right of every politician to write and record as many songs as they want. But if they want to use somebody else’s songs, they should play by the rules.

Kip Esquire has a well-reasoned response worth reading.

 

 

Share This Post

Filed Under: Political Science

Reader Interactions

Leave a ReplyCancel reply

Primary Sidebar

Search

Recent Posts

  • GOA on Trump
  • Yes, It’s a Bribe
  • Talking to my fellow libertarians about DOGE
  • Late night thoughts on the current crisis
  • Joining The Cult
  • Trump’s dumb attempt to define sex
  • Some advice for my transgender readers in the new year
  • Decoding Economics: Happiness and Taste

Where else to find me

  • Twitter
  • Post
  • Mastodon

Follow

  • X
  • Mastodon

Bloggy Goodness

  • Agitator
  • DrugWar Rant
  • Duly Noted
  • Dynamist
  • Hit & Run
  • Honest Courtesan
  • Nobody's Business
  • Popehat
  • Ravings of a Feral Genius

Blawgs

  • a Public Defender
  • appellatesquawk
  • Blonde Justice
  • Chasing Truth. Catching Hell.
  • Crime & Federalism
  • Crime and Consequences Blog
  • Criminal Defense
  • CrimLaw
  • D.A. Confidential
  • Defending Dandelions
  • Defending People
  • DUI Blog
  • ECIL Crime
  • Gamso For the Defense
  • Graham Lawyer Blog
  • Hercules and the Umpire
  • Indefensible
  • Koehler Law Blog
  • Legal Satyricon
  • New York Personal Injury Law Blog
  • Norm Pattis
  • not for the monosyllabic
  • Not Guilty
  • Probable Cause
  • Seeking Justice
  • Simple Justice
  • Tempe Criminal Defense
  • The Clements Firm
  • The Trial Warrior Blog
  • The Volokh Conspiracy
  • Underdog Blog
  • Unwashed Advocate
  • West Virginia Criminal Law Blog

Bloggers

  • Booker Rising
  • Eric Zorn
  • ExCop-LawStudent
  • InstaPundit
  • Last One Speaks
  • Leslie's Omnibus
  • Marathon Pundit
  • Miss Manners
  • Preaching to the Choir
  • Roger Ebert's Journal
  • Speakeasy Blog
  • SWOP Chicago

Geek Stuff

  • Charlie's Diary
  • Google Blogoscoped
  • Schneier on Security
  • The Altruist
  • The Ancient Gaming Noob
  • The Daily WTF
  • xkcd

Resources

  • CIA World Factbook
  • Current Impact Risks
  • EFF: Bloggers
  • Institute for Justice
  • Jennifer Abel
  • StrategyPage
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • Wikipedia
  • WolframAlpha

Gone But Not Forgotten

  • Peter McWilliams

Copyright © 2025 Mark Draughn · Magazine Pro On Genesis Framework · WordPress

Go to mobile version