ARIZONA, USA — Tom Petty's estate is "exploring all legal options" against former Arizona Governor candidate Kari Lake due to a video she posted on Twitter.
On Wednesday, Lake posted a nearly two-minute video showing footage of her on the campaign trail. There was no audio in the video, other than Tom Petty's song "I Won't Back Down."
The estate tweeted Thursday night that numerous fans brought the video to their attention.
"This is illegal," the tweet said. "We are exploring all of our legal options to stop this unauthorized use and to prohibit future misappropriations of Tom’s beloved anthem."
As of Friday morning, Lake has not publicly responded to the estate.
Several musicians over the years have tried to stop politicians from using their songs at rallies and in campaign materials. Legal experts say a musician can attempt to sue a politician if a song is used in a campaign video without the artist's permission.
Craig Whitney, an attorney specializing in intellectual property, said it's often easier for politicians to use copyrighted songs at political rallies than in videos because most performance venues will have already paid a licensing fee.
"But in all the other scenarios, you really need to get specific permission from the artist to do that and usually pay a licensing fee," Whitney told 12News.
A politician could attempt to make a "fair use" defense, Whitney added, depending on how the song was utilized and the context of the politician's video.
Fair use allows copyrighted material to be used without the creator's permission if the material is used in certain circumstances like for critical commentary or satirical purposes.
In 2009, Don Henley sued a Republican politician who used his song "All She Wants to Do Is Dance" without his permission in a campaign video. The politician initially argued the video was a parody and thus constitutionally protected before the parties eventually settled the case, according to Rolling Stone magazine.
Lake would not be the first politician from Arizona to be threatened with legal action by a famous musician.
The late Sen. John McCain was sued by Jackson Browne during the 2008 presidential election after the song "Running on Empty" was used in a campaign commercial without Browne's blessing.
Browne later settled the lawsuit for an undisclosed amount and McCain issued a public apology, according to NPR.
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