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"Donald Trump was not authorized to use 'Rockin' in the Free World' in his presidential candidacy announcement," a spokesperson for the rocker's Lookout Management said in a statement. "Neil Young, a Canadian citizen, is a supporter of Bernie Sanders for President of the United States of America."
When reached for comment, a spokesperson for the Trump campaign told Rolling Stone that the candidate was a fan of Young's music, despite their differing views, and that the track was used legally. "Through a license agreement with [performance-rights organization] ASCAP, Mr. Trump's campaign paid for and obtained the legal right to use Neil Young's recording of 'Rockin' in the Free World' at today's event," the spokesperson tells Rolling Stone. "Mr. Trump is a huge fan of Neil Young and his music and will continue to be regardless of Neil's political views."
According to an ASCAP document called "Using Music in Political Campaigns," for a song to be used properly, "the campaign will need to contact the song's publisher and possibly the artist's record label to negotiate the appropriate licenses with them." It's unclear whether the Trump campaign contacted Young, his management company or record label to use the track.
Young shares a co-writing credit on "Rockin' in the Free World" with Crazy Horse guitarist Frank "Poncho" Sampedro through Young's Silver Fiddle Music and Sampedro's Poncho Villa Music, according to ASCAP.
ASCAP addresses artists' legal rights and criticisms in their document on political campaigns under the question, "Can the campaign still be criticized or even sued by an artist for playing his or her song at an event?"
"Yes. If an artist does not want his or her music to be associated with the campaign, he or she may be able to legal action even if the campaign has the appropriate copyright licenses," ASCAP says. "While the campaign would be in compliance with copyright law, it could potentially be in violation of other laws, including "Right of Publicity" and "False Endorsement."
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