Donald Trump settled a lawsuit over his unauthorized use of Eddy Grant’s “Electric Avenue” video during his 2020 campaign.
A federal judge ruled in September that Trump infringed the copyright to the 1982 hit by featuring it in his video, and the same judge issued an order Wednesday saying the two sides had effectively “settled this action,” according to Billboard. He went on to state the case would be “discontinued,” but did not share any information about how much Trump needed to pay Grant in damages.
The two sides have reached a deal to avoid more litigation, but the details and terms of the settlement remain unclear and are undisclosed in court filings, according to Billboard.
“Electric Avenue” reached the No. 2 spot on the Hot 100 in the summer of 1983. and spent an impressive 22 weeks on the chart. Trump’s team featured the video by showing a red train that outran a handcar driven by Biden, with audio clips of Biden’s speeches played overtop of the hit song. Grant’s attorneys said they requested the removal, but Trump’s campaign refused to take action, and gave the air that Trump was “above the law,” according to Billboard.
Trump’s legal team argued the video had “transformed Grant’s original conception of ‘Electric Avenue’ as a protest against social conditions into a colorful attack on the character and personality traits of a rival political figure,” but in September, the judge argued that it would only count as fair use if Trump had used the song to attack Grant, not Biden, according to Billboard.
LATROBE, PENNSYLVANIA – OCTOBER 19: Republican presidential nominee, former U.S. President Donald Trump gestures after speaking at a campaign rally on October 19, 2024, in Latrobe, Pennsylvania. There are 17 days remaining until the U.S. presidential election, which will take place on Tuesday, November 5, 2024. (Photo by Win McNamee/Getty Images)
“The animation does not use ‘Electric Avenue’ as a vehicle to deliver its satirical message, and it makes no effort to poke fun at the song or Grant,” Judge Koeltl said, according to Billboard.
Grant said he reacted with “dismay” when people asked him if he had authorized Trump’s use of his music.
Trump’s lawyers argued the video fell under the copyright’s fair use doctrine, which allows for the “transformative” re-use of protected works, but the judge rejected the argument.
“In this case, the video has a very low degree of transformativeness, if any at all,” the judge wrote.
BROWNSVILLE, TEXAS – NOVEMBER 19: U.S. President-elect Donald Trump attends the launch of the sixth test flight of the SpaceX Starship rocket on November 19, 2024 in Brownsville, Texas. SpaceX’s billionaire owner, Elon Musk, a Trump confidante, has been tapped to lead the new Department of Government Efficiency alongside former presidential candidate Vivek Ramaswamy. (Photo by Brandon Bell/Getty Images)
“The video is best described as a wholesale copying of music to accompany a political campaign ad,” the judge said, according to Billboard. (RELATED: Trump Does Everyone A Favor And Forces Irrelevant Talk Show Host To Leave Country)
Trump faced backlash from artists again during the 2024 election, with many saying they didn’t want him to use their music. Beyoncé, Celine Dion, the Foo Fighters, ABBA and Sinead O’Connor‘s estate have all spoken out or threatened action. The White Stripes and the estate of Isaac Hayes have both filed lawsuits against Trump and his campaign.
Trump has also received his fair share of love from musical artists, however. Kid Rock, Anuel AA, Jason Aldean, Azealia Banks and Waka Flocka are among many who have either expressed their support or endorsed the president-elect in the 2024 election cycle.
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