Judge Rules Against Trump in 'Electric Avenue' Lawsuit

Trump will have to pay damages, legal fees to Eddy Grant for campaign's use of song in 2020
By Rob Quinn,  Newser Staff
Posted Sep 16, 2024 5:04 PM CDT
Trump Loses Legal Fight Over Eddy Grant Song
British reggae musician Eddy Grant performs during the 42nd Montreux Jazz Festival in Montreux, Switzerland in this 2008 file photo.   (AP Photo/KEYSTONE/Jean-Christophe Bott, File)

"I hate Taylor Swift," Donald Trump declared in an all-caps Truth Social post on Sunday. Eddy Grant probably isn't on his Christmas card list either. A federal judge in Manhattan has ruled that Trump is liable to pay damages to the reggae musician for his 2020 campaign's unauthorized use of "Electric Avenue," the BBC reports. According to the lawsuit, a 40-second clip of the song was used in an ad posted on Trump's Twitter account in August 2020, reports the Guardian. It was viewed almost 14 million times before it was taken down in response to a cease-and-desist letter from Grant's lawyers, according to the lawsuit.

Judge John G. Koeltl rejected arguments from Trump's lawyers that including the clip was covered by the "fair use" doctrine and ruled that Grant's copyright had been violated. Trump will also have to pay Grant's legal fees. "As a staunch believer of artist's rights and the ability to control their creative output, Mr. Grant believes that the decision will help others in their fight against the unauthorized use of sound recordings and musical compositions," Grant's attorney Brett Van Benthysen tells Business Insider. "Politicians are not above the law and the court reaffirmed that."

Van Benthysen says the ruling is "everything we asked for." The judge's ruling means the case won't go to trial on the copyright issue. "There will either be a trial just on damages, assumedly before a jury, or we could agree to a number without a trial," Van Benthysen says. Grant's lawsuit sought $300,000 in damages. Trump is also being sued by the estate of Isaac Hayes. Earlier this month, a judge ordered the former president's campaign to stop using Hayes' song "Hold On, I'm Coming" at rallies. (More Donald Trump stories.)

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