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Under thesecond presidency of Donald Trump beginning in January 2025, theUnited States federal government has come under controversy for its unauthorized use ofcopyrighted music,visual arts, and other works on social media to promote itsdeportation agenda.[1][2] Most of these images and videos are posted by theDepartment of Homeland Security, although a few have been posted to theWhite House's social media accounts or to Trump's personal account onTruth Social.[3][1]
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 tocopyright claims.[4] However, nocopyright infringement lawsuits have been filed against the Trump administration to date. UnderTitle 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 claimfair use.[1][2]
Starting in early 2025, the Trump administration began a mass media campaign to publicize its aggressiveimmigration enforcement operations. The campaign has included "ironic"memes and graphic images of alleged illegal migrants being arrested and deported, such as anAI-generated image in the art style ofStudio 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 anduse 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 Trumpdrew 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, includingNeil Young andEddy Grant; others have responded withcease 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 theGeorge Floyd protests, which included several images and video clips. The video was subsequently removed byTwitter,Instagram, andFacebook 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 apparentdouble 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]
UnderUnited 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 consideredcopyright infringement, and the legal orbeneficial 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 waivedsovereign immunity against such claims. However, under28 U.S.C. § 1498(b), a copyright lawsuit against the U.S. government must be brought in theUnited 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 forReason 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]
On March 17, 2025, theWhite House andU.S. Border Patrol Instagram accounts posted a video supporting the Trump administration's deportation of illegal immigrants. The video used theSemisonic 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 musicianTom 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 andCustoms and Border Protection Instagram accounts in July, combined footage of DHS secretaryKristi Noem accompanying CBP agents withBlack Rebel Motorcycle Club'scover 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 DHScease 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 "gof... yourselves."[2][16]
On July 29, the White House posted a video on its officialTwitter account superimposing audio from aJet2holidays commercial over footage of alleged undocumented immigrants in handcuffs being escorted onto an airplane byICE officers. The advertisement, which uses the song "Hold My Hand" by English singer-songwriterJess Glynne and voiceover by actressZoë Lister, had become parodied in anInternet meme. Jet2, Glynne, and Lister have all issued statements condemning the White House's use of the advertisement audio.[3][17]
On July 30, theDepartment of Homeland Security's Twitter account posted a video usingSam 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 toABC 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 thepublic domain in the United States, as the copyright was notrenewed 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]
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On August 10, an ICE recruitment video was posted to DHS's Twitter, Instagram, and Facebook pages usingJay-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]
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 theNo Kings demonstrations, on hisTruth Social account. The video was set to the recording of "Danger Zone" by Kenny Loggins, apparently referencing the filmTop 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 DHSInstagram accounts jointly published a video that showed ICE officers detaining and deporting undocumented immigrants and encouragedself-deportation via theCBP 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 amida 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 toSabrina Carpenter's song "Juno", with the lyric "Have you ever tried this one?" (originally referencingsex positions) repeated over various shots ofUnited States Immigration and Customs Enforcement agents carrying outarrests 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 aSaturday Night Live promotion featuring Carpenter and cast memberMarcello Hernández. The video was overdubbed so that Carpenter appears to say, "I think I might need to arrest someone for being tooillegal," 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" bySZA, which originated from aDecember 2022 SNL sketch under the same name. While the song alludes to the concept ofcuffing season, the video relates the message to arresting immigrants inhandcuffs. 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]
On September 22, 2025, the DHS released a video montage that combined clips from thePokémon 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 mockPokémon cards featuring images of some of the arrested individuals.[34][35] It was also posted by the official White HouseTikTok 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 Housequote tweeted a post byGameStop, adding an AI-generated image of Donald Trump dressed asMaster Chief from theHalo video game franchise with the caption "Power to the Players". The next day, the DHS posted anotherHalo-themed image superimposed by the text "Destroy the Flood" (referencing the fictionalparasitic alien species in theHalo games) and the domain namejoin
On Tuesday, September 23, 2025, the DHS used a clip of comedianTheo Von saying, "Heard you got deported, dude—bye!" in a 31-second video on Twitter touting the Trump administration's deportation statistics. In aquote 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 websiteAxios reported that an attorney for theChicago 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, theSun-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]
Several commentators have described the Trump administration's unauthorized use of copyrighted material on social media ascopyright infringement.[1][44] In an article for thelibertarian magazineReason, 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 therule of law to the immigration system."[1] Joe Patrice, a senior editor at legal news websiteAbove the Law, compared the DHS's pattern of copyright violations to its disregard ofdue process in immigration enforcement.[44]
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