Fair use on the campaign trail

MANHATTAN — Musician Eddy Grant secured a partial win in New York federal court on his claims that former President Donald Trump and his campaign improperly used the composition of Grant’s song “Electric Avenue” in an animated video during Trump’s 2020 campaign and on his personal Twitter account without Grant’s permission. The Trump campaign did not substantially alter the song, so its use was not transformative, and Trump and his campaign could not show they used the video in a non-commercial manner. In sum, use of the song was not defensible under the fair use doctrine.