The White Stripes have filed a copyright lawsuit against Donald Trump for using “Seven Nation Army” in a social media post, making good on threats to sue the Republican presidential candidate.
In a complaint filed Monday in Manhattan federal court, Jack White and Meg White accused Trump and his campaign of “flagrant misappropriation” of one of the “most well-known and influential musical works of all time.”
The lawsuit accuses Trump not only of infringing the band’s rights to the song, but also of violating federal trademark law by falsely suggesting the duo support his bid for another presidential term.
“The new association with Defendant Trump that Defendants have foisted upon Plaintiffs through the Infringing Trump Videos is even more offensive to Plaintiffs because Plaintiffs vehemently oppose the policies adopted and actions taken by Defendant Trump when he was President and those he has proposed for the second term he seeks,” attorneys for the White Stripes wrote.
In a social media post announcing the lawsuit, White included a screenshot of the complaint with a one-line caption: “This machine sues fascists.”
The filing of the case came less than two weeks after White blasted Trump over the apparent use of his song. In the disputed clip, posted by the former president’s deputy director of communications, Trump ascends the stairs of a plane as the iconic bass riff of “Seven Nation Army” plays.
“Oh….Don’t even think about using my music you fascists,” White began. “Law suit coming from my lawyers about this (to add to your 5 thousand others.)”
Numerous artists have spoken out about in recent weeks about Trump’s use of their music. Beyoncé, Celine Dion, the Foo Fighters, ABBA and Sinead O’Connor‘s estate have all spoken out against the former president’s use of their songs.
Most of the complaints have come as public statements or cease-and-desist letters, but others have taken legal action before the White Stripes. In August, the estate of Isaac Hayes sued in federal court, accusing the campaign of using his “Hold On, I’m Coming” at rallies and in video recordings of those events. Last week, the Hayes estate won an injunction barring the use of the song while the case plays out.
The use of copyrighted music at campaign rallies is a sometimes murky issue, with candidates often claiming that they secured a blanket license from ASCAP or BMI to perform the track. But the use of a song in a video is more straightforward; if a candidate hasn’t secured a sync license directly from the artist or their label, it is copyright infringement to use it.
In their lawsuit on Monday, the White Stripes said that Trump knew or should have known that he needed a license to play their song in his video — citing the fact that he has been “on the receiving end of numerous copyright claims by musical artists whose work he used without permission.”
The band also cited its previous opposition to his use of their music. Back in 2016, the White Stripes “publicly denounced” Trump for using their songs, saying that they were “disgusted by that association.”
A representative for the Trump campaign did not immediately return a request for comment.
