(08-26-2024 10:52 AM)DaSaintFan Wrote: (08-26-2024 08:57 AM)tanqtonic Wrote: Yes, I did. Most people think the Campaign Blanket License itself is the final end point. It isnt.
If not, I believe that then that falls on BMI for not removing the song(s) from the availability list, not on the user.
If Grohl wants to sue anyone, he's gotta sue BMI for this one, not the Trump campaign.
If Grohls song is on the exception list -- Grohl has a good point. That would mean Trumps team either accidentally or intentionally used the song. And would be potentially liable under copyright.
If Grohls song is not on the excepted list, that boils down to two possibilities.
1. Grohl requested and BMI/ ASCAP didnt put it on -- fault the licensing company, Grohl can go after BMI for *not* doing what he asked. And in that instance the user is faultless.
2. Grohl didnt request the song be on the excepted list -- doesnt matter the cause (he didnt know, he just didnt, his manager forgot -- it doesnt matter), Grohl is high and dry about use of the song.
In shortm, if it isnt on the 'excepted list' to the specific Trump license -- Trump has the right for this one off use.
Here is the "tell" - whether the Trump campaign continues using the song.
If Trump has full rights, it is to his advantage now to play the bejesus out of it. It aids to amp up the 'chip on the shoulder' crowd to have their guy simply slam it back into Grohls face. The more Grohls side makes out of it -- the better it is. More headlines yada yada yada yada, showing the entertainment elite yada yada yada.
If he doesnt -- there will be no use of it later.
Same thing happened with Neil Young back in either '16 or '20. Trump used 'Keep on Rocking in a Free World'. I knew one of the Young attorneys, and Young had specifically excepted all of his works from the Trump BCL (and continues to do so). Young yelped, and actually filed suit. Trump has *never* used that song again.
(Which is absolutely hilarious since it was featured in the DNC event more than once....)