Music law question for lawyers

[cooks1]

Apparently, Donald Trump (who I hate) is suing some rap artist named Mac miller (who I have never hear of) for multiples of millions of dollars for using his name in a song a few times.

Can a person sue an artist just for mentioning their name in a song?

http://www.theboombox.com/2013/01/31/donald-trump-is-suing-mac-miller/

 

[Juventud]

I think you can sue for character defamation, but that's about it.

Shouting out someones name in lyrics and it not being offensive. Don't think you have a case.

Lindsay Lohan tried this with that Pitbull douchebag i think.

 

[beezlebub]

What about having a case for saying someone's name to promote yourself? I'd imagine that's what Trump believes, this rapper is making money from Trump's big name.

Eminem mentions people all the time, worked for him

 

[MortalWombat]

Prominent business ty**** publicly upset with rapper? This is bound to damage record sales hugely.


Anyway, I want to see Mac Miller's birth certificate before I make my decision.

 

[SevenSamurai]

Trump is brand name so Trump has a claim to protect it's use

Also -depending on the content he could sue for Slander (for a performance) or Libel (since music is a published media) he can win.

However, Trump is a public figure -his name can be used without recourse in most other situations.

 

[enigmachrysalis]

Trump is brand name so Trump has a claim to protect it's use

Also -depending on the content he could sue for Slander (for a performance) or Libel (since music is a published media) he can win.

However, Trump is a public figure -his name can be used without recourse in most other situations.

I'm no legal expert, but unless the lines are patently false, like Donald Trump is a , then he has no basis to sue as a laughable public figure. Otherwise he could burn SNL for every time Darrell Hammond does his impression. Even his name as a brand can be used under "fair use".

 

[SevenSamurai]

I'm no legal expert, but unless the lines are patently false, like Donald Trump is a , then he has no basis to sue as a laughable public figure. Otherwise he could burn SNL for every time Darrell Hammond does his impression. Even his name as a brand can be used under "fair use".

I don't disagree. I believe there has to be intent established.

Maybe a Sherdawyer will know.

 

[Flemmy Stardust]

i dunno but that mac miller kid looks like such a jabroni.

 

[BKMMAFAN]

I'm no legal expert, but unless the lines are patently false, like Donald Trump is a , then he has no basis to sue as a laughable public figure. Otherwise he could burn SNL for every time Darrell Hammond does his impression. Even his name as a brand can be used under "fair use".

The burden of proof in a defamation case involving a public figure is higher.

A public figure (such as Trump) cannot sustain a claim based merely on incorrect harmful statements UNLESS there is proof that the speaker/writer acted with actual malice (actual knowledge of falsity or reckless disregard for the truth, depending on state law)

 

[Seano]

Didn't Trump trademark everything about himself a few years back?

 

[panamaican]

The burden of proof in a defamation case involving a public figure is higher.

A public figure (such as Trump) cannot sustain a claim based merely on incorrect harmful statements UNLESS there is proof that the speaker/writer acted with actual malice (actual knowledge of falsity or reckless disregard for the truth, depending on state law)

Saves me the trouble of typing it up.

 

[The Special One]

The burden of proof in a defamation case involving a public figure is higher.

A public figure (such as Trump) cannot sustain a claim based merely on incorrect harmful statements UNLESS there is proof that the speaker/writer acted with actual malice (actual knowledge of falsity or reckless disregard for the truth, depending on state law)

You're right. Its a ridiculously high standard for public figures. Unless Trump uncovers some documents or something in which this rapper says "I'm going to write this song about Trump to bury his ass"....There is very little chance he can prevail on these claims.

 

[BayAreaGuy]

I think Trump has to prove that he suffered some sort of financial detriment as a result of this.