[Editor’s note: This article is here only due to the value it has to all musicians everywhere with their copy rights. It is not meant to be a political statement of any kind.] By Eriq Gardner, Hollywood Reporter | There have been plenty of songwriters and recording artists over the years objecting to Republican politicians using their music. Sometimes, that results in litigation, but almost never a court ruling, because litigation is slower than political winds. But Donald Trump isn’t like other politicians. He doesn’t like to settle. And so on Tuesday, a New York federal judge issued a decision that will cheer musicians.
The suit came from Eddy Grant over use of his 1983 earworm “Electric Avenue.” The song was used in an online ad during the last campaign that had a cartoon version of Joe Biden driving an old-fashioned train car interspersed with his rival’s speeches.
In response to Grant’s suit, Trump argued this was copyright fair use.
“The purpose of the Animation is not to disseminate the Song or to supplant sales of the original Song,” stated a motion to dismiss. “Here, a reasonable observer would perceive that the Animation uses the Song for a comedic, political purpose — a different and transformed purpose from that of the original Song.”
In his ruling today, U.S. District Court Judge John Koeltl provides a direct response to what he characterizes as “wholesale copying of music to accompany a political campaign ad.”
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The motion to dismiss fails. The parties can proceed to discovery. Here’s the full decision:
Read the whole story here: