White House Slams Ariana Grande Over ICE Video, Removes Song From TikTok

Q: Can a government use any hit song for its messaging under the 'Fair Use' doctrine?

No. A government cannot simply use any hit song for official messaging by invoking fair use. Fair use is a narrow, case-by-case defense under U.S. copyright law. Courts weigh four factors: why the work was used, how creative the original is, how much was taken, and whether the use harms the market for the song. A hit song used in a government social media video will usually face problems on several of those factors. Songs are highly creative works, which get strong protection. Government messaging is also usually promotional rather than transformative. If a song is used mainly to add emotion, recognition or impact to a policy video, that is generally not the kind of commentary, criticism, parody or analysis that fair use most strongly protects. Using a recognizable clip, chorus or hook also cuts against fair use because it often takes the “heart” of the work. The market factor is especially important. Music owners routinely license songs for videos, ads and campaigns. An unlicensed government use can interfere with that licensing market, which weighs against fair use. The fact that the user is the government does not create a special exemption. U.S. government works may be public domain if created by federal employees, but that rule does not let the government freely use third-party copyrighted music. So in a case like Ariana Grande’s objection, the safer legal path for any government agency would usually be permission or licensing, not reliance on fair use.

3 articles · Updated · Fox News · Jun 12

Abigail Jackson said the White House was responding "one last time" after Ariana Grande demanded officials stop using her song "Bye" in an ICE arrest video.
Karoline Leavitt and Jackson cast Grande as part of "elitist celebrities" unfairly attacking ICE, arguing critics ignore violent crimes committed by some illegal immigrants.
The TikTok clip had carried the caption "Bye-bye. President Trump has delivered the most secure border in history," but by Thursday the audio appeared to have been removed.
Grande, 32, called the video "barbaric, inhumane, heinous nonsense" earlier this week, extending a long record of public opposition to Trump and his immigration policies.