News Americas, New York, NY, Mon, September 9, 2024: A federal judge in New York raised doubts on Friday, September 7th, about Donald Trump’s potential legal liability for using Guyanese born singer Eddy Grant’s 1983 hit song “Electric Avenue” in a 2020 campaign video without the artist’s permission.
Judge John G. Koeltl has not yet ruled on whether Trump violated Grant’s copyright when he posted an animated video on Twitter mocking Joe Biden, with “Electric Avenue” playing in the background. However, during a 90-minute hearing, Koeltl repeatedly challenged Trump’s lawyer, Jesse R. Binnall, as he argued that the use of the song fell under the “fair use” doctrine of U.S. copyright law, claiming it was political commentary protected by the First Amendment.
Grant’s lawyer, Robert W. Clarida, faced less scrutiny, though Koeltl questioned whether all of Grant’s claims were legally sound.
Grant filed the lawsuit in 2020 after the video, featuring a Trump-branded train and Biden on a slow-moving handcar, gained millions of views on Twitter before being removed. Grant, who lives in Barbados, is seeking $300,000 in damages for copyright infringement. Trump’s legal team contends the video was non-commercial and “transformative,” making the use of the song fair use.
This case is part of a broader pattern of musicians objecting to the use of their songs in Trump’s campaign materials. Judge Koeltl is expected to rule on the matter, but no timeline has been set for a decision.
