UPDATE (12/7): According to court documents filed on Dec. 7, Neil Young has voluntarily dismissed the copyright lawsuit that he filed against the Trump campaign that he filed back in August. At the time, Young said that the Trump campaign didnât have a proper license to play two of his songs, âRockinâ in the Free Worldâ and âDevilâs Sidewalk,â at speeches and rallies this past summer.
A rep for Young didnât immediately respond to SPINâs request for comment
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Over a week after writing that heâs âreconsideringâ legal action, it looks like Neil Young is suing the Trump campaign.
On his Neil Young Archives website on Tuesday morning, Young posted what appears to be a draft of a lawsuit that claims the Trump campaign did not have a proper license to play two of his songs: âRockinâ in the Free Worldâ and âDevilâs Sidewalk.â
âPlaintiff in good conscience cannot allow his music to be used as a âtheme songâ for a divisive, un-American campaign of ignorance and hate,â reads the suit, that will be filed in the Southern District of New York.
Youngâs attorney confirmed to SPIN that the suit has been filed. We also reached out to the Trump campaign for further comment.
The draft of the suit points to the Trump campaign using the songs at the presidentâs rally in Tulsa, and at a speech at Mt. Rushmore on July 3 that provoked a response from Young at the time.
The suit says that Youngâs objections to Trumpâs use of the song were first expressed on June 16, 2015.
âIn response, the Campaign issued a statement stating that it had procured a license to do so, thus acknowledging that it knew a license is required,â the suit says of that first incident.
However, the suit says that the Trump campaign did not have a proper license to play the songs at the Tulsa rally and Mt. Rushmore speech.
âThe campaign has willfully ignored Plaintiffâs telling it not to play the Songs and willfully proceeded to play the Songs despite its lack of a license and despite its knowledge that a license is required to do so,â the suit says.
The rocker is seeking âstatutory damages in the maximum amount allowed for willful copyright infringement.â That amount, for each infringement, is between $750 to $150,000.
In addition to Young, the Rolling Stones threatened to sue the Trump campaign for its use of âYou Canât Always Get What You Wantâ in June. âThere is a provision, however, that allows BMI to exclude musical works from the license if a songwriter or publisher objects to its use by a campaign,â read a statement from the band. âBMI has received such an objection and sent a letter notifying the Trump campaign that the Rolling Stonesâ works have been removed from the campaign license, and advising the campaign that any future use of these musical compositions will be in breach of its license agreement with BMI.â