music and politics, what the law says

music and politics, what the law says
music and politics, what the law says

“1987” was broadcast at the National Rally meeting on June 2. The singer reacted, firmly opposed to the association of his music with politics. This is an opportunity to recall the rules for using musical works.

Calogero in concert in Montbéliard, in 2024.

Calogero in concert in Montbéliard, in 2024. Photo Lionel Vadam/ PhotoPQR/L’Est Républicain/MAXPPP

By Sophie Jeanneteau

Published on June 4, 2024 at 4:57 p.m.

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Scandalized. » Monday June 3, the singer Calogero reacted virulently to the broadcast of his song 1987, released in 2017, during the National Rally meeting the day before. In a press release published on Instagram, the interpreter ofWeightless criticizes the use of his music, which he does not want to see mixed with politics, and announces that he will reserve “the right to take any legal action in this matter”.

Political parties do not have the right to freely broadcast the musical works of their choice. Just like businesses, for example. They must first declare their use to Sacem (Society of Authors, Composers and Music Publishers), which manages music exploitation rights.

But copyright includes a moral, perpetual and inalienable right. Being in good standing with Sacem is therefore not enough, you must also ask permission from the artist or his rights holders to broadcast the song. This allows the author to prevent any alteration of his work and to control its destination. Even if the artist has ceded exploitation, distribution and management rights to Sacem, he can still object to the use of his music for reasons of his own.

Under French law, an artist can argue that he did not intend to be associated with a political ideology or that a political group, with a registered logo and acronym, is like a trademark, which must request authorization for associate music with a chocolate bar or a dishwasher”, Pierre Lautier, lawyer specializing in copyright, told AFP.

The lawyer also explains that three outcomes are available to the injured artist: an amicable settlement with, most often, a criterion of confidentiality, an action for monetary compensation before a court (for which the deadlines are very long) or a formal notice to prohibit the reuse of the piece.

Due to the sensitive and divisive nature of the matter, it is not uncommon for music and political campaigns to not go well together. In November 2021, the nephew of the singer Barbara stepped up to the plate, revolted by “scandalous appropriation” of the image of the singer by Éric Zemmour in his campaign clip.

Across the Atlantic, Donald Trump often faces the wrath of artists whose works he uses to decorate meetings and political videos. Neil Young, Adele, REM, Rihanna, Elton John… The list of those who refuse to be associated with the politician is as long as an arm. And here, what will Jordan Bardella’s next soundtrack be?

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