A New York federal judge declined to dismiss musician Eddy Grant\u2019s lawsuit against former President Trump for using\u00a0his song \u201cElectric Avenue\u201d in a video posted \u2026<\/b>
\nA New York federal judge declined to dismiss musician Eddy Grant\u2019s lawsuit against former President Trump for using his song \u201cElectric Avenue\u201d in a video posted to Twitter last year. U.S. District Judge John Koeltl issued an order on Tuesday denying Trump\u2019s motion to dismiss the suit, finding that the defendant failed to argue that the song was fair use. In the ruling, Koeltl said the song was featured in over two-thirds of the video and plays \u201cno discernible role in communicating the video’s overarching political commentary.\u201d \u201cThe video’s overarching political purpose does not automatically make this use transformative, and the other fair use factors also favor the plaintiffs at this stage,\u201d the suit claims. Grant filed the suit against Trump and his re-election campaign in September 2020 alleging copyright infringement after Trump posted a video to his Twitter account on Aug.12 attacking then-presidential nominee Joe Biden. The animated video included \u201cElectric Avenue\u201d in the background. The video also featured a train with the Trump campaign\u2019s logo followed by a railroad handcar that Biden manually operates. Twitter removed the video following a copyright claim from Grant. Trump\u2019s attorneys filed a motion to dismiss the suit in November, writing the purpose of the video was not to disseminate the song, but for satire. \u201cA reasonable observer would perceive that the Animation uses the Song for a comedic, political purpose \u2014 a different and transformed purpose from that of the original Song,\u201d the motion reads. \u201cMoreover, in light of the obvious comedic or satirical nature of the Animation, a reasonable observer would regard the Animation as criticism or commentary.\u201d The Hill has reached out to a spokesperson for Trump for comment on the ruling. Grant was one of several artists to push back on Trump for his use of music. Other include Neil Young, The Rolling Stones, and Brendon Urie of Panic! At The Disco.<\/p>\n