Donald Trump has lost a court case regarding the unauthorized use of musician Eddy Grant's song "Electric Avenue" in a 2020 campaign video. According to The Guardian, the case centered around a 40-second animated clip that featured Grant's 1983 hit without permission.
The ruling, delivered by a federal judge in Manhattan, found Trump liable for copyright infringement and ordered him to pay damages and legal fees.
The video in question, which depicted Joe Biden traveling in a railroad cart while a Trump-Pence campaign train sped past, was viewed over 13.7 million times on Twitter before its removal. Posted on Trump's personal Twitter account on August 12, 2020, during his re-election campaign, the clip quickly drew the attention of Grant's legal team, who issued a cease and desist letter. Despite this, the video remained online until Grant filed a lawsuit on September 1, 2020.
Judge John G. Koeltl dismissed the argument put forward by Trump's legal team that the video was protected under the copyright fair use doctrine. This ruling effectively upheld Grant's claim of copyright infringement, marking a clear victory for the musician. Brett Van Benthysen, one of Grant's lawyers, expressed satisfaction with the outcome, stating that it encompassed everything they had sought in the case.
The decision underscores the importance of obtaining proper permissions when using copyrighted material, even in the context of political campaigns. It also sets a precedent that could influence similar cases in the future, particularly those involving the use of music in political advertising without the creators' consent.
Brian Caplan, another member of Grant's legal team, emphasized the significance of the ruling for artists' rights. He noted that the decision would likely assist others in their efforts to combat unauthorized use of sound recordings and musical compositions, particularly in political contexts.
While Grant's original lawsuit sought $300,000 in damages, the exact amount to be awarded has yet to be determined. The court will now move to the process of assessing damages, which may involve negotiations between the parties or potentially a jury decision if an agreement cannot be reached.
This case is not isolated, as Trump faces legal challenges similar to those faced by other musicians. The White Stripes recently filed a lawsuit against the former president for alleged copyright infringement involving their song "Seven Nation Army." Additionally, the estate of Isaac Hayes is pursuing a $3 million lawsuit over the reported use of Hayes' song "Hold On, I'm Coming" at Trump campaign rallies without permission.
These ongoing disputes highlight the complex relationship between political campaigns and music usage. They also demonstrate the willingness of artists and their estates to take legal action to protect their intellectual property rights, even against high-profile political figures.
The ruling in the Eddy Grant case may have far-reaching consequences for political campaigns and their use of popular music. It serves as a reminder that even in the heat of electoral contests, copyright laws must be respected. Campaigns may need to be more cautious and diligent in obtaining proper licenses and permissions before incorporating music into their promotional materials.
Furthermore, this case adds to the growing list of musicians who have objected to the use of their work in political contexts, particularly by campaigns they do not support. It underscores the challenge faced by politicians in finding appropriate music for their events and advertisements without running afoul of copyright laws or artists' wishes.
The incident also raises questions about the role of social media platforms in monitoring and addressing copyright infringements. With the video having been viewed millions of times before its removal, there may be increased pressure on platforms to develop more efficient systems for identifying and addressing potential copyright violations.
Donald Trump's legal defeat in the Eddy Grant copyright case marks a significant moment in the intersection of politics and music copyright law. The federal judge's ruling found Trump liable for damages and legal fees for using Grant's song "Electric Avenue" without permission in a campaign video. This case, along with other ongoing disputes, highlights the complexities of music usage in political campaigns and the potential legal consequences of unauthorized use. The decision may influence future campaign practices and emphasize the importance of respecting artists' rights in political advertising.
