The White Stripes Drop Copyright Lawsuit Against Donald Trump Over ‘Seven Nation Army’

November 11, 2024 E Jazz Reporter

Music

The band’s lawyers argued Trump’s unauthorized use of their iconic track was ‘offensive,’ but copyright litigation is expensive and the case would have taken years to resolve.

The White Stripes photographed February, 2002.

Tim Roney/Getty Images

Less than a week after Donald Trump won the presidential election, the White Stripes have dropped their copyright lawsuit accusing him of using “Seven Nation Army” in a social media post without a license.

The case, filed in the September by 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.” In announcing it, White referred to Trump as a “fascist.”

But in one-sentence motion filed Sunday, attorneys for the rockers quietly dropped the lawsuit. The motion was filed “without prejudice,” meaning the White Stripes could theoretically refile their case at some point in the future, but it still likely means that the case is over for good.

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The White Stripes were one of many acts to sharply criticize the Republican candidate for using their music during the 2024 campaign. 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.

White first spoke out on social media — blasting the Trump campaign over a clip, posted to Instagram and X by his deputy director of communications, in which Trump ascends the stairs of a plane as the iconic bass riff of “Seven Nation Army” plays: “Don’t even think about using my music you fascists.”

Two weeks later, he made good on those threats by filing a copyright infringement lawsuit in Manhattan federal court, claiming Trump infringed the band’s rights to the song and harmed the duo by suggesting they 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.

But on Sunday, following Trump’s victory over VP Kamala Harris last week, attorneys asked the judge overseeing the case to voluntarily dismiss the band’s claims. As is typical in such filings, the motion did not explain the decision to drop the case, and an attorney for the band declined to comment.

Trump’s victory did not mean the lawsuit had to be dismissed. Presidential immunity – a much discussed concept when it comes to Trump’s high-profile criminal cases – would not have barred a case over actions he took before taking office. And even if Trump’s role as president made pursuing him personally more difficult, the case could have continued against his campaign (Donald J. Trump for President 2024 Inc.) and the staffer who posted the clip (Margo McAtee Martin).

But following the end of the election, the juice may simply have not been worth the squeeze. Federal copyright litigation can take years to resolve and is incredibly expensive, particularly when handled by the kind of white shoe attorneys from an elite law firm (Manatt, Phelps & Phillips, LLP) that the White Stripes hired.

Jack and Meg could have pursued damages over the clip, including potentially more than $100K in so-called “statutory” damages or even more in “actual” damages that might have offset those costs. But the true goals of the litigation was likely to send a message and to bar further uses of the clip, both of which carry less weight now that the election is over.

Following last week’s vote, White took to Instagram to express his disgust with the outcome: “Trump won the popular vote. End of story. Americans chose a known, obvious fascist and now America will get whatever this wannabe dictator wants to enact from here on in.”

Trump and his campaign are still facing another pending music lawsuit from the estate of Isaac Hayes, which sued over his alleged use of the late singer’s “Hold On, I’m Coming” at rallies and in videos. The case remains in the earliest stages.

The campaign is also still facing a pending copyright case lawsuit from the 2020 election filed by Eddy Grant over the unauthorized use of his iconic “Electric Avenue.” In September, a federal judge ruled that Trump infringed the song by using it; a ruling on how much he owes in damages will be resolved in future proceedings.

A spokesman for the Trump campaign did not return a request for comment on the dismissal of the case.

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