After four years of legal back-and-forth, musician Eddy Grant has emerged victorious in a copyright battle against former President Donald Trump over the unlicensed use of Grant’s hit song “Electric Avenue” in a 2020 campaign video. A federal judge ruled in favor of Grant, concluding that Trump and his 2020 campaign violated copyright laws by using the song without permission.
The case stemmed from a viral video posted on Trump’s Twitter account during the 2020 presidential campaign. The video featured a red “Trump-Pence” train racing ahead of a handcar operated by an animated Joe Biden, with “Electric Avenue” playing prominently throughout. Despite Grant’s cease-and-desist letter, the video remained online, amassing millions of views, which led the musician to file a lawsuit.
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Judge John G. Koeltl, who presided over the case, delivered a key decision: Trump’s fair use defense didn’t hold up. The campaign had argued that the video was political satire and commentary, falling under fair use. However, the court disagreed, stating that the song’s use was not transformative—it wasn’t altered or commented on, and was used simply for its entertainment value in promoting Trump’s campaign.
The ruling emphasized that “Electric Avenue” was used in its original, unedited form, making it instantly recognizable and central to the video. Since the song wasn’t changed or used to create something new, the judge ruled that it did not qualify as fair use. Moreover, Judge Koeltl highlighted that just because a political message is involved doesn’t mean a non-political work like Grant’s song can be used without permission.
Another significant point was market harm. The judge noted that allowing such unlicensed use could undermine Grant’s ability to license the song to others in the future. The Trump campaign bypassed the well-established music licensing market, further hurting its case. The court also pointed out that the video could have easily used another song or none at all to convey its message.
As the case moves to the damages phase, this ruling sends a clear message about respecting artists’ rights, especially in politically charged settings. For musicians like Grant, it reaffirms their control over how their creative works are used, regardless of the context.
As of now, Trump and his campaign have not commented on the decision, but the ruling marks a significant win for copyright holders everywhere.
