Donald Trump may have broken the law by sharing a fake image of Taylor Swift endorsing his campaign, a legal expert has said.
Trump also shared other images from a loose group of Taylor Swift fans who support Trump called Swifties for Trump.
In an artificial intelligence-generated image, Swift was dressed like Uncle Sam, similar to a World War I recruitment poster, with the words: “Taylor Swift Wants You To Vote For Donald Trump.”
One legal commentator said that Swift could sue Trump under the Lanham Act, through which celebrities can sue to protect their image.
However, she said that Swift would first have to show that voters could be considered “consumers” under the Lanham Act.
The Lanham Act was introduced in 1948 to protect trademarks and their “distinctiveness” and prevent images being used for sale advertising.
He said that the Lanham Act could help.
“Artists should also consider suing the campaign for right of publicity and false endorsement under the Lanham Act,” he said.
A legal expert has stated that Donald Trump might have violated the law when he shared a fictitious photo of Taylor Swift endorsing his campaign.
In addition, Trump released additional pictures from Swifties for Trump, a loose coalition of Taylor Swift supporters.
Swift appeared in an AI-generated picture with the caption, “Taylor Swift Wants You To Vote For Donald Trump,” while dressed like Uncle Sam and resembling a World War I recruiting poster. “.
“I accept!” is how Trump captioned the photo on his Truth Social account.
Swift did not declare for any candidate this election cycle, but she did support Joe Biden in the 2020 contest.
Swift might sue Trump under the Lanham Act, which allows celebrities to file lawsuits to defend their reputations, according to one legal expert.
“Celebrities are protected by the Lanham Act—which Congress passed a long time ago—and have legal recourse against companies or individuals who attempt to deceive consumers by using their image,” Forbes was informed by Pace University law professor Leslie Garfield Tenzer.
Swift would first need to demonstrate, according to her, that voters could be regarded as “consumers” for the purposes of the Lanham Act.
“I think an analogy could be made,” she stated, “although admittedly voters are not necessarily consumers in this context—being asked to vote.”.
Garfield Tenzer continued, “Certainly, she could probably order a cease-and-desist here and sue for misappropriation of likeness.”.
On Wednesday, Newsweek contacted the Trump campaign via email for comment.
According to a music lawyer who spoke with Newsweek, musicians have the ability to prevent political candidates from using their music and image.
Previously, Larry Iser, managing partner at KHIKS law firm, had to fight to prevent Talking Heads’ David Byrne and singer Jackson Browne’s music from being played at Republican Party rallies.
According to Iser, “it is always best to contact a legal representative ASAP in order to send a demand letter putting the infringing person or entity on notice that it is not OK when an artist discovers that their music, or their intellectual property, is being used without consent.”.
The Lanham Act might be useful, he said.
He stated, “Artists ought to think about suing the campaign for false endorsement and right of publicity under the Lanham Act.”.
Iser acted as Jackson Browne’s attorney in a lawsuit claiming that his use of the song “Running On Empty” in a 2008 campaign ad by Republican presidential candidate John McCain violated Browne’s copyright.
McCain expressed regret after the case was resolved on private financial terms.
In a lawsuit against Florida Governor Charlie Crist at the time, he represented Talking Heads lead singer David Byrne over the use of the song “Road To Nowhere” in a commercial from 2010. A private settlement and an apology marked the conclusion of the case.
