Pokemon has said it did not give permission for the show’s popular theme song to be used in a video showing deportations posted by the US government.
The video, which was captioned with Pokemon’s slogan « Gotta catch ’em all », showed border patrol and Immigration and Customs Enforcement (ICE) agents making several arrests.
It also features snippets of Pokemon’s anime TV show, showing the main character Ash Ketchum.
In a statement, the Pokemon Company International said: « Our company was not involved in the creation or distribution of this content, and permission was not granted for the use of our intellectual property. »
It was posted on the Homeland Security X account and the White House TikTok page and has been viewed millions of times.
In response to Sky News’ request for comment, a DHS spokesperson played on the lyrics of the Pokemon theme tune, saying: « To arrest them is our real test. To deport them is our cause. »
Pokemon is just one in a long list of artists and brands that have publicly distanced themselves from the Trump administration after their images, songs or voices were used in government or political campaign videos.
Here are some of the most notable times the White House – or Donald Trump himself – has clashed with popular culture.
Donald Trump dancing at the end of a rally earlier this year. Pic: Reuters
Theo Von
The comedian and podcaster objected to a now-deleted DHS video which used a clip of him saying « heard you got deported dude, bye ».
Von, who interviewed Mr Trump during the presidential campaign on his podcast This Past Weekend, and is a popular figure among a mostly young male audience, shared the DHS video to his more than 1.6 million X followers on Tuesday, saying he « didn’t approve of this ».
« I know you know my address so send a cheque, » Von said in a now-deleted post, according to Sky News’ US partner network, NBC News.
« And please take this down and please keep me out of your ‘banger’ deportation videos. When it comes to immigration my thoughts and heart are a lot more nuanced than this video allows. Bye! »
NBC reported that shortly after its original article was published, DHS took down the video.
Theo Von. Pic: AP
Jess Glynne
British singer-songwriter Jess Glynne said she felt « sick » after the DHS posted a video in July that overlaid her 2015 single Hold My Hand over footage of people being handcuffed and boarding planes.
The song has become closely associated with holiday company Jet2, whose advert went viral on TikTok along with the voiceover « nothing beats a Jet2 holiday ».
Mocking the viral trend, the DHS video was captioned: « When ICE books you a one-way Jet2 holiday to deportation. Nothing beats it! »
Responding to the video on her Instagram stories, Glynne said her music « is about love, unity and spreading positivity – never about division or hate ».
Jess Glynne. Pic: AP
Black Rebel Motorcycle Club
Californian rock band Black Rebel Motorcycle Club issued a cease and desist notice to the DSH in July after a video posted on Instagram used their version of the folk song, God’s Gonna Cut You Down.
A cease and desist letter is often sent before any formal legal action starts, and demands that the recipient stops their allegedly unlawful activity and does not repeat it.
Reacting to the video, which shows a montage of border protection officers, the band accused the DHS of breaching copyright law.
A statement said: « For the record, we hereby order @dhsgov to cease and desist the use of our recording and demand that you immediately pull down your video. »
The video remains on the official DHS Instagram page.
Peter Hayes, the lead singer of Black Rebel Motorcycle Club. Pic: AP
Beyonce
While on the presidential campaign trail in August 2024, Mr Trump’s campaign spokesperson used Beyonce’s song Freedom in a video of the president attending an event in Michigan.
Shortly after the clip was posted on X, Beyonce’s record label threatened to issue a cease and desist letter to the Trump campaign. A source told Rolling Stone magazine that they did not obtain permission to use the song, which is from the singer’s 2016 album Lemonade.
The song was then adopted by Kamala Harris’s campaign and played regularly at her rallies, one of which Beyonce spoke at.
Beyonce speaking at a Kamala Harris rally in October 2024. Pic: AP
Rolling Stones
Ahead of the 2020 presidential election, the Rolling Stones warned the president that he would face legal action if he continued to use their songs at his campaign rallies.
A statement released by the band’s legal team at the time said that despite cease and desist letters being issued, the band was « taking further steps » to exclude Mr Trump from using their songs for his political campaigning.
The band warned it was working with performing rights organisation the BMI, and would bring a lawsuit if Mr Trump continued to use music that had not been licensed.
The Rolling Stones. Pic: AP
So what does the law say?
In short, to use music for online promotional content, licences are needed from the owners of the composition and sound recording.
Without the proper licences, companies can expose themselves to risks of copyright infringement claims, including when content is posted by influencers – and this can come with hefty financial penalties.
TikTok provides users with a library of licensed music, which includes songs that can be used in videos. However, these can be used for personal entertainment or non-commercial purposes only.
The social media platform says content that promotes a brand, product, or service should use music from its commercial music library, which is pre-cleared for commercial use.
Meta, the company which owns Instagram and Facebook, has similar rules on music use.
Politicians on a campaign trail may be able to use copyrighted music under fair use – a legal doctrine in the US, similar to the UK’s fair dealing.
To qualify as fair use, four factors need to be considered, including purpose, the nature of the copyrighted work, the amount and sustainability used and the effect it could potentially have on the value of the copyrighted work.
