Donald Trump and Guyanese-British singer Eddy Grant have reached a settlement in a copyright lawsuit over the unauthorized use of Grant’s 1984 hit song Electric Avenue. This marks the conclusion of a legal battle that began in 2020 when Grant sued Trump and his campaign for using the song in a political video mocking Joe Biden.
The video, posted on Trump’s now-defunct Twitter account, depicted a cartoon version of Biden slowly pumping a handcar through a snowy town while clips highlighting Biden’s supposed shortcomings played. The non-diegetic soundtrack was Electric Avenue, a song that critiques police violence and racial unrest, written in the aftermath of the 1981 Brixton riots in London. Grant argued the use of his song violated his copyright, filing a lawsuit in the Southern District of New York.
The case dragged on for years, with both sides engaging in extensive legal wrangling. Trump and his team denied producing the video, asserting they had only shared it. However, depositions revealed that Dan Scavino, Trump’s social media director, had found the video on a Trump supporter’s social media page and shared it after consulting with Trump. Scavino testified that Trump trusted his instincts on posting the content.
In September 2024, the court issued a summary judgment in favor of Grant, determining that the video’s use of the song was not protected under the “fair use” doctrine. The court described the video as a “wholesale copying of music to accompany a political campaign ad” and concluded that it lacked any significant transformative element required for fair use.
Following this ruling, the primary remaining issue was the determination of damages. Before this could proceed, the two parties reached a settlement, resolving the dispute. The terms of the settlement were not disclosed, but both parties expressed satisfaction with the resolution. The case was officially closed by U.S. District Judge John G. Koeltl, with provisions for potential restoration of the lawsuit within 30 days if necessary.
The drawn-out legal battle showcased the complexities of copyright law, particularly in the context of political campaigns. Grant’s legal team argued that the unauthorized use of Electric Avenue not only violated his rights but also misrepresented the song’s purpose and message. Trump’s defense attempted to frame the use as incidental, but the court rejected this argument, emphasizing the lack of transformative use.
This case also highlighted broader issues about intellectual property in the digital age, where content is frequently shared and repurposed without clear attribution or permission. For Grant, the lawsuit was a matter of principle, aiming to hold accountable those who use creative works without authorization.
The settlement brings closure to a dispute that had become emblematic of the tensions between creators and political campaigns regarding copyright infringement. It also serves as a reminder of the importance of respecting intellectual property rights, particularly in high-profile contexts where misuse can carry significant legal and reputational risks. With the case now settled, both parties move forward, albeit with a renewed awareness of the implications of copyright in the digital era.
