Steven Tyler is taking legal action against Donald Trump after the US President played an Aerosmith song at one of his rallies.
The singer has sent a cease-and-desist letter through his attorney accusing Trump of willful infringement.
Aerosmith’s 1993 single Livin’ On The Edge was played at a rally at the Charleston Civic Center in West Virginia as Trump supporters were entering the venue on Tuesday.
During the presidential campaign, Trump used Aerosmith’s Dream On before a rally in 2015 to which Tyler demanded him not to use his music.
In a letter obtained by Variety, the cease-and-desist said: “It has come to our attention that President Donald J. Trump and/or The Trump Organization (collectively, “Mr. Trump”) have been using our client’s song “Livin’ On The Edge” in connection with political rally events (the Rallies”), including at an event held yesterday at the Charleston Civic Center in Charleston, West Virginia on August 21, 2018. As expressly outlined in the Previous Letters, Mr. Trump does not have our client’s permission to use any of our client’s music, including “Livin’ On The Edge”.
“What makes this violation even more egregious is that Mr. Trump’s use of our client’s music was previously shut down, not once, but two times, during his campaign for presidency in 2015. Please see the Previous Letters sent on behalf of our client attached here as Exhibit A. Due to your receipt of the Previous Letters, such conduct is clearly willful, subjecting Mr. Trump to the maximum penalty under the law.
'Mr. Trump is creating the false impression that our client endorses him'
“As we have made clear numerous times, Mr. Trump is creating the false impression that our client has given his consent for the use of his music, and even that he endorses the presidency of Mr. Trump. By using “Livin’ On The Edge” without our client’s permission, Mr. Trump is falsely implying that our client, once again, endorses his campaign and/or his presidency, as evidenced by actual confusion seen from the reactions of our client’s fans all over social media. This specifically violates Section 43 of the Lanham Act, as it “is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person.”
“Further, as we have also made clear, Mr. Trump needs our client’s express written permission in order to use his music. We demanded Mr. Tyler’s public performance societies terminate their licenses with you in 2015 in connection with “Dream On” and any other musical compositions written or co-written by Mr. Tyler. As such, we are unaware of any remaining public performance license still in existence which grants Mr. Trump the right use his music in connection with the Rallies or any other purpose. If Mr. Trump has any such license, please forward it to our attention immediately.
“In addition, Mr. Tyler’s voice is easily recognizable and central to his identity, and any use thereof wrongfully misappropriates his rights of publicity. Mr. Trump does not have any right to use the name, image, voice or likeness of our client, without his express written permission.”
TalkRADIO has reached out to Steven Tyler’s representatives for comment.