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Donald Trump versus 'Electric Avenue''s Eddy Grant
2021-10-19 00:00:00.0     ABC新闻-政治新闻     原网页

       

       Former President Donald Trump has famously lived on New York City's Fifth Avenue and Pennsylvania Avenue in Washington, D.C., but he may have to stay away from "Electric Avenue."

       Trump was required to respond to a copyright lawsuit by musician Eddy Grant, who wrote and recorded the song, "Electric Avenue" in 1983.

       MORE: Trump sits for deposition in lawsuit brought by demonstrators alleging assault

       Grant sued over alleged unauthorized use of the song in an animated video created by a third party during the 2020 presidential campaign and posted by the former president on his personal Twitter account. The 55-second video endorsed Trump's reelection and "sought to denigrate the Democratic Party's 2020 presidential nominee, now-President Joseph R. Biden," court records said.

       Rogan Ward/Reuters, FILE

       Reggae star Eddy Grant performs as part of his "Reparation" tour in Durban Feb., South Africa on Feb. 22, 2009.

       Trump unsuccessfully sought to dismiss Grant's claim, making a fair use argument, but a federal judge in New York would not allow it at this stage of the litigation.

       "The defendants concede that the video here is clearly satire, not a parody of Electric Avenue or Grant, and the defendants have offered no justification for their extensive borrowing," Judge John Koeltl wrote.

       Former President Trump denied Eddy Grant's copyright infringement claims in a formal response submitted to the court late Monday night.

       "Defendants deny that they have willfully and wrongfully infringed Plaintiffs' copyrights," the response said.

       "Plaintiffs' claims against Defendants are barred, either in whole or in part, by the doctrines of fair use and/or nominative use."

       MORE: Trump sues to block release of Jan. 6 records to Congress

       The former president also asserted Grant cannot sue him because of what Trump's attorneys called "Presidential absolute immunity."

       In an opinion denying Trump's motion to dismiss, the court concluded that he had not established a fair-use defense as a matter of law, but that it could be raised again at a later stage. Grant is pressing ahead with his lawsuit.

       Scott Olson/Getty Images, FILE

       Former President Donald Trump speaks to supporters during a rally at the Iowa State Fairgrounds on Oct. 09, 2021, in Des Moines, Iowa.

       "Given the court's recent favorable determination, there are very few issues that remain to be resolved. We are confident that our clients' rights will ultimately be fully upheld and look forward to Mr. Trump fully explaining his actions," Grant's attorney, Brian Caplan, said in a statement provided to ABC News.

       "Electric Avenue" spent five weeks at No. 2 on Billboard Magazine's Top 100 Chart, and was certified platinum by the Recording Industry Association of America.

       


标签:政治
关键词: Former President     Defendants     Trump's     Electric Avenue     lawsuit     Grant's     musician Eddy Grant     Trump     Plaintiffs    
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