Rock legends The White Stripes may have disbanded in 2011, but they have reunited to sue Donald Trump for using their music in campaign videos.
The band claims in federal court that Trump used the famous opening riff from its song Seven Nation Army without permission.
The lawsuit says the 2003 song is “one of the most well-known and influential musical works of all time” and that Trump had no right to use it. The band had threatened to sue Trump and filed their lawsuit in New York federal court on Monday.
Seven Nation Army won a Grammy for Best Rock Song and is from the band’s fourth album Elephant which sold at least 2 million in the U.S. alone. The album also won a Grammy for Best Alternative Music Album.
Meg White and Jack White of The White Stripes performing live in 2003, six months after the release of Seven Nation Army. They are now suing Donald Trump for allegedly using the Grammy-winning song without their permission.
Tim Mosenfelder/Getty Images
Newsweek sought email on Tuesday from The White Stripes’ attorney and from the Trump campaign.
The lawsuit claims that Margo Martin, Trump’s deputy director of communications, posted a video clip of Trump traveling to two campaign rallies with the opening riff of Seven Nation Army playing in the background.
“This lawsuit seeks redress for a presidential candidate’s flagrant misappropriation of the musical composition and sound recording Seven Nation Army (collectively, the “7NA Works”) by the White Stripes, which are among the most well-known and influential musical works of all time,” Monday’s filing states.
The lawsuit is issued by the band’s singer and guitarist, Jack White; his ex-wife, Meg White, who played drums and the duo collectively as The White Stripes. Trump and Margo Martin are listed as defendants.
The band is seeking compensation for “all damages suffered by them and any profits or gain enjoyed by Defendants attributable to their infringement of Plaintiffs’ copyrights, or statutory damages, at Plaintiffs’ election” but have not said how much money they are seeking.
Jack and Meg White achieved international fame as The White Stripes and ended the band in 2011.
They claim that Martin posted campaign videos in August of Trump “boarding an aircraft with the tag line ‘President @realDonaldTrump departs for Michigan and Wisconsin!’ and a soundtrack containing nothing more than the 7NA Works’ highly-distinctive and immediately recognizable introductory riff.”
“The Infringing Trump Videos incorporate the 7NA Works, on information and belief, to burnish Defendant Trump’s public image, and generate financial and other support for his campaign and candidacy on the backs of Plaintiffs, whose permission and endorsement he neither sought nor obtained in violation of their rights under federal copyright law,” the lawsuit adds.
It also claims that Trump should have known better.
“As a self-professed sophisticated and successful businessman with decades-long experience in the entertainment industry (not to mention being on the receiving end of numerous copyright claims by musical artists whose work he used without permission), Defendant Trump and the other Defendants, his agents, knew or should have known that the use of the 7NA Works in the Infringing Trump Videos was unauthorized, and, therefore, violated Plaintiffs’ rights under the Copyright Act.”
In August, Jack White threatened to sue Trump‘s campaign after learning of the video.
Trump, the Republican nominee for president, took down the video after White’s initial complaint.
“Don’t even think about using my music you fascists,” White posted on Instagram at the time. “Law suit coming from my lawyers about this (to add to your 5 thousand others.) Have a great day at work today Margo Martin.”
While Trump’s campaign events are covered by the ASCAP and BMI licenses that permit the use of music, artists still have the option to opt out of them. If an artist opts out and notifies a candidate of the breach, the campaign could be liable for $150,000 for each unauthorized use.
