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Eddy Grant wins ‘Electric Avenue’ copyright case against Donald Trump

Bridgetown (Loop): Guyanese-British singer Eddy Grant has won a copyright case against former US President Donald Trump over the use of the 1980s hit, "Electric Avenue."

   In a 30-page decision, US District Judge John G Koeltl found Trump liable for damages in a hotly-contested copyright battle.

   In the first legal determination, the judge found that the song was properly copyrighted. In the second, the judge rejected the only defense offered in the case: a claim that Trump had made «fair use» of the song.

   «It’s everything we asked for,» Grant’s attorney Brett Van Benthysen said in an interview with Business Insider. «One-hundred percent.»

   Grant, a UK citizen who lives in Barbados, has been informed of the decision, said another of his lawyers, Brian Caplan.

   «Mr Grant believes that the ruling will help other artists and owners of copyrights defend against similar infringement,» Caplan stated.

   «This is a complete victory for Plaintiffs as to liability. Plaintiffs will be seeking attorney’s fees in the subsequent damages phase,» he added.

   It remains unclear if the parties will agree to damages among themselves or go to trial and let a jury determine the amount.

   «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 explained.

   Grant’s lawsuit demanded that Trump pay him US$300,000, although that amount could increase if the former president must also pay the thousands of dollars in legal fees the artist has incurred during four years of litigation.

   Both Eddy Grant and Trump were compelled by subpoena to give depositions in the case, and former Trump adviser Dan Scavino was also deposed.

   Grant sued Trump in 2020 over a campaign tweet -a 55-second animation that showed then-presidential candidate Joe Biden feebly puttering along a railroad track in a push cart while a high-speed «Trump-Pence» train zoomed past. About 40 seconds of «Electric Avenue» played as part of the soundtrack.

   In summarizing the history of the case in his decision, Judge Koeltl revealed that it was Scavino -Trump’s director of social media and deputy chief of staff for communications at the time- who uploaded the video to Trump’s personal Twitter account on August 12, 2020.

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Loop News, based in Kingston, Jamaica, is the number one source for Caribbean-wide, local and global content. Launched in 2014, it grew to have teams in six markets across the Caribbean: Jamaica, Trinidad and Tobago, Barbados, Haiti, Cayman and St Lucia. And in 2020 we launched the newest website in the Loop family – Loop Caribbean!
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