News Americas, New York, NY, Monday, September 9, 2024: A federal judge in New York raised doubts Friday, September 7, about Donald Trump’s potential legal liability for using Guyanese-born singer Eddy Grant’s 1983 hit song “Electric Avenue” in a video 2020 campaign without the permission of the artist.
Judge John G. Koeltl has yet to rule on whether Trump violated Grant’s copyright when he tweeted an animated video 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 US copyright law, claimed to be political commentary protected by the First Amendment.
Grant’s attorney, Robert W. Clarida, faced less scrutiny, though Koeltl questioned whether all of Grant’s claims were legally sustainable.
Grant filed the lawsuit in 2020 after the video, which featured a train of Trump and Biden in a slow-moving truck, gained millions of views on Twitter before it was removed. Grant, who lives in Barbados, is seeking $300,000 in damages for copyright infringement. Trump’s legal team claims the video was non-commercial and “transformational,” making the use of the song fair use.
The case is part of a wider pattern of musicians objecting to the use of their songs in Trump campaign materials. Judge Koeltl is expected to rule on the matter, but no timeline has been set for a ruling.
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