ECNETNews, New York, NY, Mon, September 9, 2024: A federal judge in New York raised concerns last Friday, September 7, regarding Donald Trump’s possible legal repercussions for incorporating Eddy Grant’s iconic 1983 song “Electric Avenue” in a 2020 campaign video without securing permission from the artist.
Judge John G. Koeltl has yet to determine whether Trump violated Grant’s copyright laws when he released an animated video on social media that mocked Joe Biden, featuring “Electric Avenue” as the soundtrack. During a comprehensive 90-minute hearing, Judge Koeltl critically examined arguments made by Trump’s attorney, who insisted that the song’s use was covered by the “fair use” doctrine of U.S. copyright law, framing it as political commentary protected under the First Amendment.
Conversely, Grant’s legal representative faced fewer intense inquiries, although Koeltl did probe into the validity of all claims presented by Grant.
Grant initiated the lawsuit in 2020 after the Trump campaign video, showcasing a Trump-themed train and Biden on a slow-moving handcar, amassed millions of views before being taken down. The Barbados-based artist is pursuing $300,000 in damages, asserting copyright infringement. Trump’s defense contends that the video was non-commercial and “transformative,” thus rendering the use of the song as fair use.
This case highlights a growing trend of musicians challenging the use of their music in Trump’s campaign promotions. Judge Koeltl is anticipated to issue a ruling, although a timeline for the decision has yet to be established.
