१९ जुलै, २०२०

Why wouldn't the Trump campaign get the rights to use the music before putting up the ad?

I don't know why I'm able to see it here, so watch quickly before this one goes down too.

The Trump tweet showing us the ad switched to an announcement that it had been disabled because of a copyright claim, and and later the Trump tweet was deleted.

Anyway, here's a Yahoo article explaining what happened. It wasn't an ad made by the Trump campaign but a fan-made ad that Trump just retweeted. People just use things and don't attend to the legal niceties. The campaign would, I assume, clear the rights. Retweeting lets Trump give the rights-violating thing extremely wide reach... up until the artists complain and the remedy is that it goes down (and then we talk about that).
The controversial two-minute video in question — which had been tweeted a day earlier by White House social media director Dan Scavino — mashed up a cover by Fleurie and Jung Youth of Linkin Park’s 2002 hit “In the End” with audio from Trump's 2017 inaugural address, and depicted presumed Democratic presidential nominee Joe Biden as a member of the “Washington elite.”

The surviving Linkin Park band members shared their fans’ outrage, tweeting, “Linkin Park did not and does not endorse Trump, nor authorize his organization to use any of our music. A cease and desist has been issued.” Jung Youth also commented on Trump’s tweet, writing, “F*** Trump!!!! Def do not approve this usage of my music just FYI.”
I'd like to discuss the ad! When I watched it, I believed it was an official campaign ad, so it seemed very weird — just images and ominous music and it was up to you to feel your way to a message.

ADDED: Rewatched the ad. It's not just images and music. There's also Trump speaking, saying that the government elite have only helped themselves. And the song has lyrics, so we're hearing 2 layers of words. Here are the lyrics of the song — "In the End." The ad only uses the first verse and stops before the chorus. (The chorus, I realize, is something I've heard many times as background music for many random things on TikTok.)
One thing, I don't know why
It doesn't even matter how hard you try
Keep that in mind, I designed this rhyme
To explain in due time all I know
Time is a valuable thing
Watch it fly by as the pendulum swings
Watch it count down to the end of the day
The clock ticks life away, it's so unreal
Didn't look out below
Watch the time go right out the window
Tryin' to hold on, didn't even know
I wasted it all just to watch you go
I kept everything inside
And even though I tried, it all fell apart
What it meant to me will eventually be
A memory of a time when I tried so hard
As words projected onto Trump, they seem to present him as a failed President — looking back and walking away from the time when he tried so hard. The music feels so sad! We're left with a ruined country — left to the devices of creepy Joe Biden — and the memory of a President who tried to save us.

४५ टिप्पण्या:

rhhardin म्हणाले...

It looks like and sounds like crap to me but I'm not the Trump rally audience. I'm the Trump zinger audience.

Dave Begley म्हणाले...

1. The music group could be lying.

2. Twitter could be lying.

3. Trump campaign did it intentionally to draw attention to the ad.

4. Re-edit the ad without the music. It adds little.

Temujin म्हणाले...

I throw Linkin Park's outrage into the same terrarium as I tossed the letter signers in the previous post. These people are too full of themselves. There's a world of music to use and not ever composer is as vapid as the Linkin Park members. Stupid fucking kids. I think I can finally say that now. I'm older. And I'm cranky.

Get off my lawn.

gilbar म्हणाले...

fan-made ad that Trump just retweeted. People just use things and don't attend to the legal niceties
The campaign would, I assume, clear the rights


Which makes me think, that this was one of President Trumps PERSONAL (re)tweets
When people get old, they tend to gloss over niceties
Do we REALLY Want a President, that is EVEN Older than Donald?

rehajm म्हणाले...

You do it and maybe nobody objects and if they do you take it down but maybe not before enough people see it and maybe more will see it and somebody will have saved it and now we're all talking about the ad and Trump and not whatever the msm/leftie propaganda is at the moment. Sounds like a win to me

Oso Negro म्हणाले...

Clearly, Trump's people are taking requests from the musical groups. They use the song once or twice, the band's fans get outrage, and then the band gets to signal their virtue, hence propelling them into the news. In the music business, there is no bad press.))))

Jeff Weimer म्हणाले...

Since it's not an official campaign video, but fan made, would Fair Use apply?

The Crack Emcee म्हणाले...

Trump should be looking for artists he can work with, rather than wrestling with the haters, but that's true for any politician.

"Everything I Dislike" is always available, it's got a built-in joke his people can have fun with, and he's more-than-welcome to it.

And - even for a tiny production - it's still better than a lot of Linkin Park's material.

Rory म्हणाले...

Rockers really should like Trump. He's the antiestablishment.

Jeff Gee म्हणाले...

They could use the current music as a template and get someone to compose new music to the beat. It's done all the time in movie scoring. And elsewhere: when Merce Cunningham couldn't get the rights to use Erik Satie's "Socrate" score for a dance piece he had already choreographed to it, John Cage wrote a new piece with the same, precise, second by second rhythms. He called it "Cheap Imitation." Cunningham named (or maybe renamed) the dance piece "Second Hand."

Darrell म्हणाले...

Fair Use has to be 30 seconds or less, usually. And other conditions apply.

NorthOfTheOneOhOne म्हणाले...

Linkin Park is on hiatus since their front man Chester Bennington committed suicide in 2017, I suspect on some level they're thrilled to be back in the news.

I'm amazed that anyone was able to determine which of their songs was used in the Trump ad. I can't tell one from another and I've got a pretty good musical ear.

Char Char Binks, Esq. म्हणाले...

The only musician brave enough to stand up to cancel culture is Anonymous.

Bruce Hayden म्हणाले...

“ They could use the current music as a template and get someone to compose new music to the beat. It's done all the time in movie scoring.”

The difference is timing. Movies have months to do this in. Campaigns move much faster, and the Trump campaign works at warp speed, at the speed of the news cycle. They routinely get response videos out w/I 24 hours.

Speed and niceties often conflict. I spent part of my career as an IP attorney, trying to enforce the niceties, while the sales people, in a competitive environment, trying to move quickly. More than once I saw multimillion dollar ad campaigns flushed, after spending much of the money, because marketing hadn’t bothered to get trademark clearances for their new trademarks (or copyrights). Sometimes they got fired. But more often than not, they weren’t, because they were good, and those millions wasted were less than what they earned the company long term.

Here, I think, the actual legal risk is moderately low. They are likely buying bulk licenses from the companies (BMI, etc) that sell them. Then, when the artists get butt hurt (likely because they are pretending to be woke), the campaign pulls the video, and says “sorry”. The rights holders are never going to make much money on their infringement claims, and aren’t going to get injunctive relief, because the campaign is no longer used the copyrighted material. Which means that trial on the damages is probably years down the road. And if they don’t have the paperwork showing prompt registration, their damages are unlikely to cover their legal fees.

Yancey Ward म्हणाले...

I had the same impression of the ad as Althouse- that it implies Trump will be missed by a large fraction of Americans in the destruction that follows the progressives' ascent to power.

n.n म्हणाले...

Rockers really should like Trump. He's the antiestablishment.

And the modern rebels are the establishment. It's a liberal occupation with a generational audience.

Kate म्हणाले...

I saw this go by on twitter and thought it was brilliant. Powerful. I loved the bitter song choice.

I also saw people cheering because of the Linkin Park meme quality. It's like Trump dunked on all the Lefties. Rebellious. Middle finger in their face. Trump voters are pissed and this reflected that.

n.n म्हणाले...

Not even the chorus... Social media, social platforms, the press on and off-mainstream, there are precedents and resolutions. Is forwarding classified as accessory?

Gunner म्हणाले...

Oh boy! I can't wait for every music group to whine about Trump (or any Republican) using their music to warm up rallies for the next three months!

Dear corrupt left, go F yourselves म्हणाले...

Showcasing the parade of governmetn whores - Pelosi, Schumer, Schitt, Biden, Hillary, Warren - all takers. Takers takers takers. Government whores. Taking and ripping us off - WE the people.

Dude1394 म्हणाले...

So this trump supporter is doing what the democrat propaganda media does every damn day. Throws out fake crap, retweets it all over the place, then retracts it in the dead of night.

Excuse me for not giving a crap. But boy they sure do squeal when their tactics are used on them.

Howard म्हणाले...

The upstart independent Trump supporters who put this ad together call themselves The Lester Maddox Project

The Crack Emcee म्हणाले...

In these times of such extreme racial animosity, a black man - offering the President anything with "white" in it - should, at the very least, be considered a peace offering.

JaimeRoberto म्हणाले...

As long as they pay the fees they can play the music just like a radio station.

wild chicken म्हणाले...

As someone who once again tried and failed to watch the Big Chill, I am tired of noisy pop music running in the background anyway.

It's lazy, inapt and distracting.

I blame Easy Rider.

Howard म्हणाले...

Crack: Give Trump some credit. His support among his base would decline if he used African American music to sell his brand. Did Trump ever use music from Kanye? Charlie Pride, maybe, but a rapper would scare off the crackers.

The Crack Emcee म्हणाले...

Howard said...

"A rapper would scare off the crackers."

I deliberately called this work "Little White Radio" for a reason (so as not to "scare off the crackers") and it's LIVE 105-type Rock - not Rap - to go down easier as well.

Can't I get a little credit for trying to reach across the aisle?

Jason म्हणाले...

Trump should be looking for artists he can work with, rather than wrestling with the haters, but that's true for any politician.

Remember what happened to Michelle Shocked?

She mentioned (perhaps ironically) that she wasn't pro gay-marriage. Then every remaining venue on her tour canceled her.

I used to occasionally play fiddle as a side musician for a pretty prominent folk singer/songwriter. Like, almost every week, for a few years. Great guy. He blocked me on Facebook. The reason: He told me that if content from my page bled over onto his, and the silver ponytail crowd in the Northeast, Madison and the West Coast CA got a hold of hit, they'd freeze him out of the folk club and house concert circuit, and destroy his career.

This was about 2012-2013. Liberals love cancel culture.

Joe Smith म्हणाले...

"...crackers."

Really? You realize that many whites find that just as offensive as the N-word, don't you?

I would hope that such racial slurs would be banned on this or any other forum.

Mary Beth म्हणाले...

I hope the original tweet is a sign that the memes are ramping up again.

In 2016 I said that if Trump won, the future winners would be the ones with the dankest memes. Warren tried to create a "meme team" to make it happen. You can't force it. Memes don't make the winner, the eventual winner has enthusiastic people who make memes because they want to share the enthusiasm. It takes more work than just copying and pasting talking points. That enthusiasm turns into votes.

rcocean म्हणाले...

People have accepted the idea that Copyright owners get to do anything they want for as long as they want, and they've bribed Congress into enforcing their claims to an extent allowed to almost no other property owner.

Of course, everyone else just ACCEPTS. Baa, Baa. Its also insane, the Joe Biden is ahead in the polls despite doing ZERO campaigning. Do all the goofs supporting him know what he's going to do in office? I doubt most of them care. Baa baa.

Oso Negro म्हणाले...

Blogger Joe Smith said...
"...crackers."

Really? You realize that many whites find that just as offensive as the N-word, don't you?

I would hope that such racial slurs would be banned on this or any other forum.



Really? I find "cracker" kind of endearing.

Laurel म्हणाले...

Blogger Howard said...
“...crackers.”

Go ahead and call me a ‘cracker’. I don’t respect you enough to care what you call me.

Would that more people agreed with me on this.

5M - Eckstine म्हणाले...

What I have heard is that take downs are usually in error in this context. Then the content creator has to appeal and document the appeal to YouTube, etc. For most people its just easier to create another meme. carpedonktum is probably the expert on this.

5M - Eckstine म्हणाले...

I don't care is someone calls me a cracker. I can usually tell if the intent is malicious. Then the problem is deeper than the word. I don't use the N word for the same reason I wear a mask. Out of a politeness to society in general. The game that gets played with the N word makes me lose respect for the users of the word. I know people who use it to get a rise out of people to start a fight. On purpose. They know the word will generate pain and misgiving. I try and be immune to that. Cracker is fine. Use it all you want. Its self labeling.

sticks and stones

5M - Eckstine म्हणाले...

I would think Rappers and Hip Hop would be the primary support group for Trump?

The critical theory safe spaces generated by a Biden administration will start applying top down pressure to rappers. It will be subtle and effective. Black icons will start to spout critical theory nonsense as essential to the American Black experience. Bonafides.

rap music is subversive to Trump opponents.

Narr म्हणाले...

Offended by "cracker'? Moor, please.

You can call me anything you want--cracker, redneck, peckerwood, it don't bother me none.

Narr
Been called worse by better

Narr म्हणाले...

When I was a working man, I spent a lot of time over many years struggling to grok IP, copyright, Fair Use, their penumbras and emanations.

No library or archive conference was complete without two or three presentations or panels on the mess; librarians/archivists, lawyers, and law librarians all got to torture the topic.

Three panelists, four opinions. Five after an audience comment.

It's the modern day Schleswig-Holstein controversy.

Narr
Repeated hundreds of times a day!

Narr म्हणाले...

I forgot to add--Linkin Park sucks.

Narr
They suck the green weenie

MadTownGuy म्हणाले...

Why wouldn't the Trump campaign get the rights to use the music before putting up the ad?

They would never be granted rights from anyone except maybe Kid Rock or Ted Nugent. Kinda limits the choices. Jon Ondrasik (Five For Fighting) might be amenable but for the disrespect the GOP leadership gave him at the 2016 Convention. (I don't recall the details.) He did participate in Romney's 2012 campaign.

Matthew Heintz म्हणाले...

Trump is one hardcore take no prisoners motherfucker, and if you don't like him, you're gonna eat his shit and die.

Howard म्हणाले...

Ok, Spud

svlc म्हणाले...

That was a good ad. Very enjoyable.

ken in tx म्हणाले...

Saying "sticks and stones" is a sign of Toxic Whiteness.

gadfly म्हणाले...

As words projected onto Trump, they seem to present him as a failed President — looking back and walking away from the time when he tried so hard. The music feels so sad! We're left with a ruined country — left to the devices of creepy Joe Biden — and the memory of a President who tried to save us.

An incredibly wrong observation, Ann! From the time he made his escalator descent in Trump Tower to announce his candidacy, we have suffered through the twisted and distorted actions of a very sick (and sadly stupid) malignant narcissist driven only by his own wants without morality or concern for others. Today he is trying to save only himself at the expense of 150K dead and dying virus victims with no end in sight. Meanwhile he wants to control the disease spread by eliminating testing - now that is a real solution!

While I share your concern about Joe Biden - we are faced with "Anybody But Trump" because our progressive friends continue with the "next-in-line" candidate. At least Plugs is not Bernie.

As Mary Trump has pointed out, Uncle Donnie needs to resign immediately.