RICHMOND, Va. — Neil Young has sued Trump 47 Committee Inc., a political committee affiliated with President Donald Trump, alleging it played his 1989 song “Rockin’ in the Free World” without permission at a rally in Youngstown, Ohio.
The copyright complaint, filed Monday in U.S. District Court for the Eastern District of Virginia, seeks $10 million in damages and an order barring further public performance of the song for political purposes.
The suit says the song was used as Trump’s walk-up music at the October 12 rally and was played “numerous times at other rallies” ahead of the midterm elections, according to Variety, which reviewed the filing.
The Allegations
The complaint says the committee lacked “a license or Young’s permission to play the Song at any public political event” and “has willfully proceeded to cause the Song to be played despite its lack of a license.”
It also alleges Trump was “personally aware that a license would be required to play the song at rallies.”
Young claims he “suffered damage to his reputation and brand as a result of the implication that he supports Donald J. Trump in any way.”
The filing is an allegation. It does not establish that infringement occurred, and the committee has not filed a response.
The 2020 Case
The new complaint cites a 2020 lawsuit Young and his publishing company, Silver Fiddle Music, brought against Donald J. Trump for President Inc. over “Rockin’ in the Free World” and “Devil’s Sidewalk.”
According to the new suit, that defendant settled shortly after being served and promised not to use the song again without a license and Young’s permission. The case was dismissed in December 2020. The terms of the settlement have not been disclosed.
Licensing Questions
Arenas and other venues often hold blanket public-performance licenses from performing rights organizations such as ASCAP and BMI. Those organizations also offer licenses for political campaigns, and songwriters can ask to have their works excluded from them.
Whether any venue license or other authorization covered the Youngstown performance is likely to be a central question in the case. Any claim that the committee breached the 2020 settlement would also depend on whether its terms bind a separate entity.
Under federal copyright law, a plaintiff may seek actual damages or statutory damages of up to $150,000 per work for willful infringement, as well as an injunction.
The Trump 47 Committee and the White House did not immediately respond to requests for comment from TheWrap and other outlets.
The case was filed in the U.S. District Court for the Eastern District of Virginia. Read TheWrap’s report at TheWrap.