Taylor Swift Fans Want Her to Sue Donald Trump Over ‘The Fate of Ophelia’ TikTok. Can She?

Some Taylor Swift fans are up in arms over a video on the official White House TikTok account set to “The Fate of Ophelia” — and many of them are encouraging the pop superstar to take legal action against President Donald Trump.  

The Monday (Nov. 3) TikTok video pairs Swift’s The Life of the Showgirl lead single — currently in its fourth week at No. 1 on the Billboard Hot 100 — with images of Trump and his associates. One frame shows Trump’s mug shot while Swift sings, “Don’t care where the hell you’ve been.” The video ends with a photo of the president scooping McDonald’s French fries under a slightly altered lyric reading, “The fate of America.”

Swift has not commented on the post, but it’s unlikely that she’s happy about it. Historically, the star has not pledged her allegiance to Trump’s team; she’s only endorsed Democrats, including Kamala Harris in the 2024 election, and Trump, in turn, has insulted Swift repeatedly, including by posting “I HATE TAYLOR SWIFT” after the Harris endorsement.

In the TikTok comments, some Swifties are putting on their lawyer hats. “TAYLOR SWIFT SUE THEM FOR USING YOUR SONG!” wrote one. “I would absolutely LOVE if Tay found a way to sue them for this,” wrote another. “One freaking huge lawsuit on the horizon,” another prediction read.

Is the White House’s use of “The Fate of Ophelia” legal? Probably not. While individual TikTok users can soundtrack their videos with pre-cleared songs, commercial entities are required to obtain so-called sync licenses from copyright owners. The White House did not return an inquiry on Tuesday (Nov. 4) as to whether they got a sync license for the post, but given Swift’s public rebukes of Trump, and the fact that the singer is famously protective of her catalog, it’s unlikely that she greenlit such a license.

As Billboard previously reported during Zach Bryan’s public scuffle with the Trump administration over its use of his track “Revival” in an X post, there are a number of legal avenues for artists to take when their songs are used on social media without licenses. Swift’s lawyers could send a cease-and-desist letter to the White House, or they might lodge a formal takedown notice directly with TikTok under the Digital Millennium Copyright Act.

If these administrative procedures are unsuccessful, Swift could indeed bring a formal lawsuit against the federal government for copyright infringement. She’s no stranger to intellectual property litigation, having both faced copyright claims herself and gone on the legal offense over the years.

However, it’s hard to imagine Swift taking the drastic step of suing the White House. The courts are public by nature, and Swift has a carefully maintained image. This is especially true in the political arena, where the singer’s statements have always been measured (“The choice is yours to make,” she told fans in her post endorsing Harris last year).

Swift, therefore, may not want to become publicly embroiled in what would almost certainly be viewed as a partisan legal battle. Nothing is certain, though, and only time will tell.

Swift’s reps did not return a request for comment on the matter.