Use of copyrighted works by the second Trump administration

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Under the second presidency of Donald Trump beginning in January 2025, the United States federal government has come under controversy for its unauthorized use of copyrighted music, visual arts, and other works on social media to promote its deportation agenda. [1] [2] Most of these images and videos are posted by the Department of Homeland Security, although a few have been posted to the White House's social media accounts or to Trump's personal account on Truth Social. [3] [1]

Contents

Many of the involved authors, performers, and copyright owners have publicly condemned the use of their works in the administration's social media content, with some videos being taken down or muted due to copyright claims. [4] However, no copyright infringement lawsuits have been filed against the Trump administration to date. Under Title 28 of the United States Code, the remedies in such a lawsuit would be limited to monetary damages, and the court would be unable to issue an injunction to stop the infringement. Some commentators have also suggested that the government may be able to claim fair use. [1] [2]

Historical and political context

Government mass media campaign

Starting in early 2025, the Trump administration began a mass media campaign to publicize its aggressive immigration enforcement operations. The campaign has included "ironic" memes and graphic images of alleged illegal migrants being arrested and deported, such as an AI-generated image in the art style of Studio Ghibli's animated films portraying a Dominican woman crying while being apprehended by immigration officers. [5] [6] The image was widely criticized for dehumanizing and mocking the suffering of migrants in ICE custody, [7] and the Ghibli AI art trend has been contextualized as part of a broader ethical controversy about generative AI's potential impact on artists and use of copyrighted content. [8] Professor Roland Meyer has commented that "trolling" is a central part of the Trump administration's social media strategy. [6]

Prior to his re-election in 2024, Donald Trump drew criticism from multiple musicians and their estates for the unauthorized use of copyrighted music in connection with his presidential campaigns. Some musicians have sued the Trump campaign for copyright infringement, including Neil Young and Eddy Grant; others have responded with cease and desist letters or public statements criticizing the campaign. [9] [10]

Trump's campaign has also had videos removed by social media platforms due to complaints from other copyright owners. On June 3, 2020, Trump's reelection campaign posted a video criticizing "rioters, looters and anarchists" in the George Floyd protests, which included several images and video clips. The video was subsequently removed by Twitter, Instagram, and Facebook due to DMCA takedown requests; Twitter confirmed that the complaint was related to one of the images used in the campaign video but did not identify the copyright holder who had sent it. Trump claimed that Twitter was siding with "Radical Left Democrats" and called its removal of the video "illegal." A spokesperson for the Trump campaign criticized the apparent double standard imposed on the Trump campaign versus other Twitter users and said: "This incident is yet another reminder that Twitter is making up the rules as they go along." [11]

Under United States copyright law, copyright owners have exclusive rights to carry out or authorize certain activities with respect to copyrighted works. [12] : 61  For musical compositions and sound recordings, these include incorporating the work into a motion picture (synchronization rights) and "performing" the work publicly via transmission over the Internet. It is customary for organizations seeking to use copyrighted music in motion pictures such as video advertisements to obtain a synchronization license. [13] : 1297 

Violating any of these exclusive rights is considered copyright infringement, and the legal or beneficial owner of an exclusive right can seek a variety of remedies under federal law, including damages and injunctions to stop the infringement. Thus, for example, a recording artist who has transferred her copyrights to a record label in exchange for royalties could sue an infringer even though she has "parted with legal title" to them. [12] : 158–161  The federal government can be sued for copyright infringement, since Congress has waived sovereign immunity against such claims. However, under 28 U.S.C.   § 1498(b) , a copyright lawsuit against the U.S. government must be brought in the United States Court of Federal Claims, and the available remedies are limited to the copyright owner's "reasonable and entire compensation as damages for such infringement, including the minimum statutory damages." [14] This means that the court cannot grant an injunction against the government to stop the infringement. [1]

Fair use is a legal defense to a copyright infringement claim that generally allows limited portions of a copyrighted work to be used for purposes such as criticism, commentary, news reporting, education, or parody, even without the permission of the copyright owner. The evaluation of fair use is fact-specific and depends on a number of factors, such as "the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes". [12] : 65  Writing for Reason magazine, Autumn Billings explains that the DHS's use of copyrighted material in promotional videos may be considered "commercial", which weighs against a finding of fair use. [1] In contrast, copyright expert Cynthia Katz speculated that if the agency were not "espousing a specific policy action," it may be able to argue that its use is non-commercial. [2]

Incidents

Musicians

On March 17, 2025, the White House and U.S. Border Patrol Instagram accounts posted a video supporting the Trump administration's deportation of illegal immigrants. The video used the Semisonic song "Closing Time" as background music without authorization and included the caption "You don't have to go home but you can't stay here." Semisonic objected to this use, stating: "We did not authorize or condone the White House's use of our song in any way. And no, they didn't ask. The song is about joy and possibilities and hope, and they have missed the point entirely." [15]

A video posted to the DHS Instagram page on June 13 featured the song "I Won't Back Down" by late American rock musician Tom Petty. Petty's estate objected in an emailed statement: "The use of the song in connection with the Dept of Homeland security is completely unauthorized.... Cease and desist legal orders will be issued to stop this abuse of Tom's song." By June 14, the audio on the Instagram video had been disabled. [2]

Another video, uploaded to the DHS and Customs and Border Protection Instagram accounts in July, combined footage of DHS secretary Kristi Noem accompanying CBP agents with Black Rebel Motorcycle Club's cover version of "God's Gonna Cut You Down", a traditional American folk song. On July 10, the band issued public statements on Instagram and Twitter demanding that DHS cease and desist using their cover recording, writing: "It's obvious that you don't respect Copyright Law and Artist Rights any more than you respect Habeas Corpus and Due Process rights," and adding "go f... yourselves." [2] [16]

On July 29, the White House posted a video on its official Twitter account superimposing audio from a Jet2holidays commercial over footage of alleged undocumented immigrants in handcuffs being escorted onto an airplane by ICE officers. The advertisement, which uses the song "Hold My Hand" by English singer-songwriter Jess Glynne and voiceover by actress Zoë Lister, had become parodied in an Internet meme. Jet2, Glynne, and Lister have all issued statements condemning the White House's use of the advertisement audio. [3] [17]

On July 30, the Department of Homeland Security's Twitter account posted a video using Sam Hunt's rendition of the song "This Land Is Your Land" by Woody Guthrie, with the caption "The Promise of America is worth Protecting. The Future of our Homeland is worth Defending." [18] In a statement to ABC News, Guthrie's estate criticized DHS's use of the song, saying that "it looks like we'll all have to sing 'This Land Is Your Land' right back at 'em, so they can re-learn it and get it right." [2] The song is in the public domain in the United States, as the copyright was not renewed until after its initial 28-year copyright term expired. [19] However, Guthrie's heirs have sought to keep it under copyright control in order to prevent actors like Trump and the Ku Klux Klan from using it in ways that would have conflicted with Guthrie's wishes. [18]

The deleted ICE recruitment video featuring the Jay-Z song "Public Service Announcement" DHS post removed due to copyright claim (August 10, 2025).png
The deleted ICE recruitment video featuring the Jay-Z song "Public Service Announcement"

On August 10, an ICE recruitment video was posted to DHS's Twitter, Instagram, and Facebook pages using Jay-Z's song "Public Service Announcement" with the caption "Hunt Cartels. Save America." The video has been removed from the Twitter post, which now displays the text, "This media has been disabled in response to a report by the copyright owner," while the audio has been muted on the Facebook and Instagram versions. [4]

Trump's AI-generated video on Truth Social. The original version features the song "Danger Zone"; the audio in this version has been muted.

On October 18, Donald Trump shared an AI-generated video depicting himself in a fighter jet marked "King Trump", dropping brown liquid resembling feces on crowds of protesters in the No Kings demonstrations, on his Truth Social account. The video was set to the recording of "Danger Zone" by Kenny Loggins, apparently referencing the film Top Gun ; it had been created by another user and then reposted by Trump. [20] [21] Loggins asked Trump to remove his song from the video and told a reporter, "I can't imagine why anybody would want their music used or associated with something created with the sole purpose of dividing us." [22] [1]

On November 4, the White House and DHS Instagram accounts jointly published a video that showed ICE officers detaining and deporting undocumented immigrants and encouraged self-deportation via the CBP Home app as an alternative, playing the song "All-American Bitch" by Olivia Rodrigo in the background. Rodrigo, who had criticized the administration's raids in Los Angeles amid a series of anti-ICE protests in June, wrote "don't ever use my songs to promote your racist, hateful propaganda" in a comment on the post. [23] [24] By November 8, Instagram had muted the audio. In response, a DHS spokesperson issued the statement: "America is grateful all the time for our federal law enforcement officers who keep us safe. We suggest Ms. Rodrigo thank them for their service, not belittle their sacrifice." [25] [1]

On December 2, the White House posted a video edited to Sabrina Carpenter's song "Juno", with the lyric "Have you ever tried this one?" (originally referencing sex positions) repeated over various shots of United States Immigration and Customs Enforcement agents carrying out arrests of suspected illegal immigrants. [26] Carpenter responded, "This video is evil and disgusting. Do not ever involve me or my music to benefit your inhumane agenda." [27] The White House responded on December 5 by posting an edited version of a Saturday Night Live promotion featuring Carpenter and cast member Marcello Hernández. The video was overdubbed so that Carpenter appears to say, "I think I might need to arrest someone for being too illegal," instead of "...being too hot"—referring to Hernández, who is Latino—and spliced together with footage of ICE arrests. [28] [29] The White House's video response has been referred to as "trolling" and "doubling down". A spokesperson for the White House also responded: "Here's a Short n' Sweet message for Sabrina Carpenter: We won't apologize for deporting dangerous criminal illegal murderers, rapists, and pedophiles from our country." [30] [31]

On December 8, the White House uploaded a holiday-themed, pro-ICE video that featured a remixed version of the song "Big Boys" by SZA, which originated from a December 2022 SNL sketch under the same name. While the song alludes to the concept of cuffing season, the video relates the message to arresting immigrants in handcuffs. SZA accused the video of being "rage bait" to receive free promotion for an agenda that was "inhuman" and "evil". SZA's former manager, Terrence "Punch" Henderson, similarly concluded that "trying to provoke artist to respond in order to help spread propaganda and political agendas is nasty business. Knock it off." [29] [32] [33]

Television and video game franchises

On September 22, 2025, the DHS released a video montage that combined clips from the Pokémon animated series showing protagonist Ash Ketchum throwing Poké Balls with footage of alleged illegal immigrants being arrested by ICE officers. The video uses the "Pokémon Theme" in the background and ends with a series of mock Pokémon cards featuring images of some of the arrested individuals. [34] [35] It was also posted by the official White House TikTok account. [36] Two days later, The Pokémon Company International released a statement in response to the videos, noting that "permission was not granted for the use of our intellectual property." [37] [38]

On October 26, the White House quote tweeted a post by GameStop, adding an AI-generated image of Donald Trump dressed as Master Chief from the Halo video game franchise with the caption "Power to the Players". The next day, the DHS posted another Halo-themed image superimposed by the text "Destroy the Flood" (referencing the fictional parasitic alien species in the Halo games) and the domain name join.ice.gov . As of October 28, Microsoft, the owner of the Halo franchise, has not commented publicly on the government's social media posts. [39] [40]

Visual artists

Miscellaneous works

On Tuesday, September 23, 2025, the DHS used a clip of comedian Theo Von saying, "Heard you got deported, dude—bye!" in a 31-second video on Twitter touting the Trump administration's deportation statistics. In a quote tweet, Von asked the DHS to remove the video, writing: "Yooo DHS i didnt approve to be used in this." The DHS video had been taken down as of Wednesday, September 24. [42]

On November 3, the news website Axios reported that an attorney for the Chicago Sun-Times had asked the Department of Homeland Security to stop using three of its photographs in the department's social media posts. Concerned about the independence and credibility of its reporting on government agencies, the Sun-Times alleged that the DHS's unauthorized use of its photos created a "false implication" that the newspaper had given the department permission to use them. [43]

Reactions and commentary

Several commentators have described the Trump administration's unauthorized use of copyrighted material on social media as copyright infringement. [1] [44] In an article for the libertarian magazine Reason , Autumn Billings wrote that the Trump administration has little incentive to abide by copyright laws, as copyright owners' remedies for infringements by the federal government are limited to lost profits and statutory damages (see § Legal background for further discussion). Billings called the government's disregard for copyrights "ironic" considering its emphasis on "restoring the rule of law to the immigration system." [1] Joe Patrice, a senior editor at legal news website Above the Law , compared the DHS's pattern of copyright violations to its disregard of due process in immigration enforcement. [44]

See also

Notes

  1. ↑ The painting is identified in a Community Note on the X post and at the linked web page on an auction website.

References

  1. 1 2 3 4 5 6 7 8 9 Billings, Autumn (January 11, 2026). "The Trump Administration's Deportation Reels Keep Getting Copyright Strikes for Using Music Without Permission". Reason . Retrieved January 16, 2026.
  2. 1 2 3 4 5 6 7 8 Paulsen, Diana (August 13, 2025). "DHS has been creative with social media posts. Some artists and brands aren't happy". ABC News . Retrieved January 16, 2026.
  3. 1 2 Rufo, Yasmin (July 31, 2025). "Jess Glynne calls White House deportation video with Jet2 song 'sick'". BBC News . Retrieved August 1, 2025.
  4. 1 2 Fu, Eddie (August 13, 2025). "ICE Propaganda Video Hit with Copyright Strike Over JAY-Z Song". Consequence. Retrieved January 16, 2026.
  5. ↑ Ward, Myah; Piper, Jessica (February 4, 2025). "Mass deportations haven't arrived but Trump's PR blitz has". Politico. Retrieved January 17, 2026.
  6. 1 2 Joffe-Block, Jude; Bond, Shannon (August 18, 2025). "What's behind the Trump administration's immigration memes?". NPR. Retrieved September 6, 2025.
  7. ↑ Vera, Kelby (March 27, 2025). "White House Posts Ghoulish AI Cartoon Showing Woman's Deportation". HuffPost . Retrieved January 17, 2026.
  8. ↑ Goonetillake, Sohani (April 2, 2025). "Why the AI-generated 'Studio Ghibli' trend is so controversial" . Retrieved January 17, 2026.
  9. ↑ "A look at artists who've objected to Trump using their songs". The Associated Press . October 27, 2020. Retrieved July 25, 2024.
  10. ↑ "All the Artists Who Don't Want Donald Trump Using Their Music". Rolling Stone . August 16, 2024. Retrieved August 22, 2024.
  11. ↑ Spangler, Todd (June 6, 2020). "Twitter Pulls Down Trump Campaign Video About George Floyd's Death Over Copyright-Infringement Claim". Variety . Retrieved January 19, 2025.
  12. 1 2 3 Copyright Law Revision (House Report No. 94-1476)  . United States House of Representatives. September 3, 1976 – via Wikisource.
  13. ↑ DeLisa, Nicholas T. (2016). "You(Tube), Me, and Content ID: Paving the Way for Compulsory Synchronization Licensing on User-Generated Content Platforms". Brooklyn Law Review. 81 (3).
  14. ↑ Vondran, Steve (November 11, 2017). "What happens if the Federal Government infringes your copyright?". Vondran Legal. Retrieved January 16, 2026.
  15. ↑ Alsharif, Mirna (March 17, 2025). "Semisonic blasts use of 'Closing Time' in White House deportation video". NBC News . Retrieved March 18, 2025.
  16. ↑ Moran, Lee (July 15, 2025). "Rock Band Rips Kristi Noem's DHS For Using Its Song With NSFW 3-Word Demand". HuffPost . Retrieved January 17, 2026.
  17. ↑ Topping, Alexandra; Khomami, Nadia (July 31, 2025). "Jess Glynne feels 'sick' over use of Jet2 song to promote US deportations". The Guardian . ISSN   0261-3077 . Retrieved December 12, 2025.
  18. 1 2 Kaur, Harmeet (August 5, 2025). "The Department of Homeland Security embraces a socialist anthem". CNN . Retrieved January 16, 2026.
  19. ↑ "This Song Belongs to You and Me". Electronic Frontier Foundation. August 24, 2004. Retrieved March 27, 2011.
  20. ↑ Woodward, Alex; Marcus, Josh (October 19, 2025). "Trump posts AI video of himself flying KING TRUMP jet and bombing protesters with brown liquid". The Independent . Archived from the original on October 19, 2025. Retrieved October 19, 2025.
  21. ↑ Smith, Allan (October 19, 2025). "Trump posts AI video showing him dumping on No Kings protesters". NBC News . Retrieved January 18, 2026.
  22. ↑ Tsioulcas, Anastasia (October 20, 2025). "Trump's fake video featured 'Danger Zone.' Musician Kenny Loggins wants it scrubbed". NPR .
  23. ↑ Dailey, Hannah (November 7, 2025). "Olivia Rodrigo Slams ICE for Using Her Song to Promote 'Racist, Hateful Propaganda'". Billboard . Retrieved November 7, 2025.
  24. ↑ Peters, Mitchell (June 15, 2025). "Olivia Rodrigo Speaks Out Amid Anti-ICE Protests: 'LA Simply Wouldn't Exist Without Immigrants'". Billboard . Retrieved January 18, 2026.
  25. ↑ Dunbar, Marina (November 8, 2025). "Olivia Rodrigo condemns Trump administration's use of her music for 'racist, hateful propaganda'". The Guardian . ISSN   0261-3077 . Retrieved November 9, 2025.
  26. ↑ Daniels, Cheyanne M. (December 2, 2025). "'Evil and disgusting': Sabrina Carpenter condemns White House's use of her song". Politico . Retrieved December 2, 2025.
  27. ↑ Graves, Wren (December 2, 2025). "Sabrina Carpenter Blasts "Evil and Disgusting" White House for Using Her Music in ICE Video". Consequence .
  28. ↑ Mancini, Ryan (December 6, 2025). "White House uses Sabrina Carpenter 'SNL' clip after she objects to ICE song use". The Hill . Retrieved January 17, 2026.
  29. 1 2 Horowitz, Steven J. (December 10, 2025). "SZA Blasts White House for Using Her 'SNL' Song About Cuffing Season in Pro-ICE Post: 'Evil and Boring'". Variety. Retrieved December 11, 2025.
  30. ↑ Russell, Shania (December 7, 2025). "White House trolls Sabrina Carpenter with altered SNL clip to promote ICE: 'I might need to arrest someone'". Entertainment Weekly . Retrieved January 17, 2026.
  31. ↑ Kaufman, Gil (December 8, 2025). "After Deleting Sabrina Carpenter ICE Video, Trump White House Doubles Down With 'SNL' Clip Featuring 'Arrest' of Show's Marcello Hernández". Billboard . Retrieved January 17, 2026.
  32. ↑ Martoccio, Angie (December 11, 2025). "SZA Slams White House for Using Her 'SNL' Song in ICE Post: 'Evil and Boring'". Rolling Stone. Retrieved December 11, 2025.
  33. ↑ "SZA Slams Trump's White House for 'Rage-Baiting Artists' After They Use Singer's Song in New ICE Video". People.com. Retrieved December 13, 2025.
  34. ↑ Ali, Taz (September 23, 2025). "Homeland Security slammed over video comparing migrants to Pokémon". The Independent. Retrieved September 23, 2025.
  35. ↑ Shepard, Kenneth (September 23, 2025). "Department Of Homeland Security Uses Pokémon To Promote ICE". Kotaku. Retrieved September 23, 2025.
  36. ↑ Fu, Eddie (September 23, 2025). "White House Posts Video of ICE Arrests Set to Pokémon Theme Song: "Gotta Catch 'Em All"". Consequence. Retrieved September 23, 2025.
  37. ↑ Moreau, Jordan (September 24, 2025). "Pokémon 'Not Involved' With Homeland Security's ICE Raid Video Using Theme Song: 'Permission Was Not Granted'". Variety. Retrieved September 24, 2025.
  38. ↑ Nightingale, Ed (September 24, 2025). "The Pokémon Company confirms that no, its imagery was not granted for use in disturbing US Department of Homeland Security video". Eurogamer.net. Retrieved September 24, 2025.
  39. ↑ Bernardo, Anna (October 28, 2025). "US government faces criticism for using Halo imagery in immigration post". GosuGamers. Retrieved January 17, 2026.
  40. ↑ Yin-Poole, Wesley (October 28, 2025). "The White House Wades Into the Console Wars, Releases AI Image of Donald Trump as Master Chief Saluting in Front of an American Flag That Contains a Big Mistake". IGN . Retrieved January 17, 2026.
  41. ↑ Woodward, Alex (January 2, 2026). "Artist accuses Homeland Security of stealing his work for meme that promotes deporting one-third of the country". The Independent . Retrieved January 16, 2026.
  42. ↑ Spangler, Todd (September 24, 2025). "Theo Von Demands Dept. of Homeland Security Remove Clip That Features Him: 'Keep Me Out of Your 'Banger' Deportation Videos'". Variety. Retrieved January 16, 2026.
  43. ↑ Shepherd, Carrie (November 3, 2025). "Chicago Sun-Times sends DHS cease and desist". Axios . Retrieved January 17, 2026.
  44. 1 2 Patrice, Joe (July 17, 2025). "Homeland Security Keeps Violating Copyright Law Like It's Due Process Or Something". Above the Law . Retrieved January 17, 2026.
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