Photo Credit: Eddy Grant by Stuart Sevastos / CC by 2.0
Donald Trump quietly settles a copyright lawsuit filed by Eddy Grant over the use of the singer’s song ‘Electric Avenue’ in a campaign video.
Eddy Grant and Donald Trump have settled the singer’s copyright infringement lawsuit over the Republican’s use of “Electric Avenue” in a video promoting his 2020 reelection campaign. Terms of the settlement were not disclosed, but US District Judge John Koetl noted the two parties had reached a settlement, and the case was discontinued with prejudice, but without costs.
The judge found Trump liable for copyright infringement in September, which left unresolved whether a jury should convene to determine an amount in damages. Grant was asking for $300,000 and lawyers’ fees in the initial 2020 filing.
The video, an animated clip mocking Trump’s then-opponent Joe Biden while “Electric Avenue” played in the background, was posted on Twitter and other social media platforms without Grant’s permission or the purchase of a license. Trump’s legal team argued the song’s use in the video constituted fair use because it was political commentary.
However, the judge saw things differently, calling the video “a wholesale copying of music to accompany a political campaign ad.” Trump’s team’s argument would hold water if the song had been a Weird Al-style parody of “Electric Avenue,” for example, but using the song itself in a political video wouldn’t count as fair use.
Many other artists have objected to Trump’s use of their music at campaign rallies and in political videos online, including ABBA, Celine Dion, Foo Fighters, the estate of Sinead O’Connor, and Johnny Marr of The Smiths.
Strangely, Jack White recently dropped a similar lawsuit against the Trump campaign for their use of his White Stripes hit, “Seven Nation Army,” though that case could still be refiled in the future.
Meanwhile, Isaac Hayes’ estate won another similar copyright case against Trump and his campaign in September, over the use of Hayes’ “Hold On, I’m Coming.”
