Steven Tyler Demands Trump Stop Playing Aerosmith Songs at Rallies
Aerosmith singer Steven Tyler is demanding President Donald Trump stop using the band’s songs at rallies, like the one held at the Charleston Civic Center in West Virginia on Tuesday (August 21). The band’s 1993 hit “Livin’ on the Edge” was played as Trump devotees entered the venue, which has a capacity of 13,500. Tyler has in turn sent a “cease and desist” letter through his attorney Dina LaPolt to the White House accusing the President of willful infringement in broadcasting the song, which was written by Tyler, Joe Perry, Mark Hudson.
Citing the Lanham Act, which prohibits “any false designation or misleading description or representation of fact … likely to cause confusion … as to the affiliation, connection, or association of such person with another person,” Tyler’s attorney contends that playing an Aerosmith song in a public arena gives the false impression that Tyler is endorsing Trump’s presidency.
The matter has come up previously with another Aerosmith song, “Dream On,” which Trump used during his 2015 election campaign. Following a similar letter stating, “Trump for President needs our client’s express written permission in order to use his music” and that the campaign “was violating Mr. Tyler’s copyright,” BMI drove the point home and pulled the public performance rights for the song. Public performance rights for “Livin’ on the Edge” are administered by ASCAP .
During the rally, President Trump spoke about immigration, trade and politics, peppered with his usual banter about Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election.
Earlier in the day, Michael Cohen, Trump’s longtime former personal attorney, pleaded guilty to eight criminal counts in federal court on Tuesday, including campaign finance violations related to payments made to women who claim to have had affairs with Trump.
Paul Manafort, Trump’s former campaign chairman, was also found guilty Tuesday on eight of 18 counts in his federal trial over fraud charges. The case involved work Manafort did on behalf of a pro-Russian government in Ukraine. Shortly after the verdicts were announced, President Trump told reporters: “I feel badly for Paul Manafort” and called him “a good man.”
Read portions of Tyler’s letter to the White House below:
It has come to our attention that President Donald J. Trump and/or The Trump Organization
(collectively, “Mr. Trump”) have been using our client’s song “Livin’ On The Edge” in
connection with political rally events (the “Rallies”), including at an event held yesterday at the
Charleston Civic Center in Charleston, West Virginia on August 21, 2018. As expressly outlined
in the Previous Letters, Mr. Trump does not have our client’s permission to use any of our
client’s music, including “Livin’ On The Edge”.
What makes this violation even more egregious is that Mr. Trump’s use of our client’s music
was previously shut down, not once, but two times, during his campaign for presidency in 2015.
Please see the Previous Letters sent on behalf of our client attached here as Exhibit A. Due to
your receipt of the Previous Letters, such conduct is clearly willful, subjecting Mr. Trump to the
maximum penalty under the law.
As we have made clear numerous times, Mr. Trump is creating the false impression that our
client has given his consent for the use of his music, and even that he endorses the presidency of
Mr. Trump. By using “Livin’ On The Edge” without our client’s permission, Mr. Trump is
falsely implying that our client, once again, endorses his campaign and/or his presidency, as
evidenced by actual confusion seen from the reactions of our client’s fans all over social media.
This specifically violates Section 43 of the Lanham Act, as it “is likely to cause confusion, or to
cause mistake, or to deceive as to the affiliation, connection, or association of such person with
another person.”
Further, as we have also made clear, Mr. Trump needs our client’s express written permission in
order to use his music. We demanded Mr. Tyler’s public performance societies terminate their
licenses with you in 2015 in connection with “Dream On” and any other musical compositions
written or co-written by Mr. Tyler. As such, we are unaware of any remaining public
performance license still in existence which grants Mr. Trump the right use his music in
connection with the Rallies or any other purpose. If Mr. Trump has any such license, please
forward it to our attention immediately.
In addition, Mr. Tyler’s voice is easily recognizable and central to his identity, and any use
thereof wrongfully misappropriates his rights of publicity. Mr. Trump does not have any right to
use the name, image, voice or likeness of our client, without his express written permission.
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"Citing the Lanham Act, which prohibits “any false designation or misleading description or representation of fact … likely to cause confusion … as to the affiliation, connection, or association of such person with another person,” Tyler’s attorney contends that playing an Aerosmith song in a public arena gives the false impression that Tyler is endorsing Trump’s presidency."
Well...….Someone thinks very high and mighty of themselves these days, and it's not Trump in this matter.
I must agree, even after being asked not to use a person's work for his own advantage president trump seemingly simply ignores the request and does whatever the fuck he wants anyway.
WTH he's the president can't he do WTF ever he wants ? Well yeah but not if he wants to remain the president. Funny thing, we have rules for that job.
What ? Rules, I dont need no stinkin rules, Funny on film... But IMO: Sad for our leaders disposition to be that way.
Well..….the only rules I know of is what the oppositions say should be the rules. To many personalities in government to set finite rules for.
Every now-and-again....a good swift kick in the pants to others, actually is needed and does work from time to time.
It is Tyler's/Aerosmith's music and they have the right to determine who uses it and why. I just wish Lee Greenwood would step up and demand he stops using God Bless The USA. It used to be my favorite song as a veteran and now I won't listed to it.
I liked the song "God Bless The USA" ( I still like it) but with or without the songwriters approval the song became co-opted to mean "America, Love It Or Leave It", and I am not sure that sentiment is apparent in the lyrics to the song.
Kinda bad that you can let one person mess up what you like. There are soooo many other people out their you could like....like veterans and the such, so you can still listen to the song.
Why doesn't trump get Charlie Daniels or Toby Keith to write him a real patriotic Amurikun song.
Toby Keith Is Not A Trump Supporter
But Keith hasn't vocalized support for Trump. In fact, he has decried him as a media whore. "This is by far the best country you could ever live in, and we picked these two candidates to be media whores and go out there and take care of the world, huh?" he said in September at the Route 91 Harvest Festival in Las Vegas. He also called the election a "dumpster fire."
Keith's comments echoed what he told the Chicago Tribune in August. "This election, I don't think it makes a difference," he said when asked if he knew which candidate he would vote for. "I can't believe there's 300 million Americans in this country and we've got these two as our final two. It's absolutely crazy."
Not only is Keith not a fan of Trump, but he was raised a Democrat in Oklahoma and was registered with the party until 2008, when he re-registered as an independent. “I was a Democrat my whole life. They kind of disowned me when I started supporting the troops, then I went and registered independent," he told the Tribune. "I’ve never been a registered Republican. It just keeps people off balance. They don’t know what to think.”
Asked about the controversy surrounding artists agreeing to perform at Trump's inauguration, K eith reinforced his support for America, not Trump or the Republican Party. "I don't apologize for performing for our country or military," he said in a statement to Entertainment Weekly. "I performed at events for previous presidents [George W.] Bush and Obama and over 200 shows in Iraq and Afghanistan for the USO.
But someone singing songs about "AMERICA"....how gauche huh !
The GOP is famous for using material without any permission. It is the GOP mindset that rules don't apply to them.
a why pay for something if you can steal it mentality
I'm disappointed. C&D letters are a highly entertaining art form and this lawyer wasn't even trying. Opportunity missed.
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