Eddy Grant Filed Copyright Complaint After President Trump Used His Song in Campaign Video
Copyright attaches to works of creative art, including photographs, paintings, books, and music. In fact, music is one of the most infringed-upon art forms on the Internet and elsewhere.
In September 2020, musician/singer Eddy Grant filed a copyright complaint regarding a video tweeted by President Donald Trump. The campaign video featured Grant’s hit 80s song “Electric Avenue.” According to Twitter, the video has been taken down in keeping with its copyright policy.
According to Brian Caplan, Grant’s lawyer, the video’s removal does not lessen the damages that have been sustained because of copyright infringement. The tweet was sent to millions of President Trump’s followers and has been retweeted over and over again.
Caplan further added that Trump’s team had not provided any defense to its unauthorized use of Grant’s song. Grant’s lawsuit against Trump’s campaign states that the campaign has “continued to willfully and wrongfully infringe Plaintiff’s copyrights.”
The video in question specifically featured an animated train with Trump’s campaign logo. The train speeds through town, while Joe Biden follows slowly in an old-fashioned railroad handcar. Grant’s song was used as background music for the video, which was seen by approximately 13 million viewers.
A day after posting the video, Wallace E.J. Collins, another lawyer for Grant, sent a cease and desist letter to the Trump campaign. The letter states that Grant is the “sole and exclusive rightful copyright owner of the musical composition.”
This is not the first time that a musical artist has called out Trump’s campaign, with various legal actions from different musical artists being filed, including The Rolling Stones and Neil Young.
How Does Copyright Law Apply to Music?
As a general rule, original creative work is subject to copyright, including music.
There are typically two kinds of music copyright: the song or composition copyright and the master copyright.
For example, the song “Can’t Help Falling In Love” was written by Hugo Peretti, Luigi Creatore, and George David Weiss, but was originally recorded by Elvis Presley. It was published by Galdys Music Inc.
When people bought Presley’s record, the songwriters earned royalties for the composition, but Presley received royalties for the recording. Peretti, Creatore, and Weiss held the copyright to their composition, although many other artists have since then covered and made their own recordings of the song.
In this particular case, Eddy Grant is the songwriter, producer, and recording artist of “Electric Avenue.” Hence, for all intents and purposes, he indeed has the sole copyright over the song. His copyright is not in dispute.
Generally, in the US, once you have completed a song and you have ‘fixed’ it in some form, copyright automatically applies. This means that a songwriter enjoys copyright protection of his songs when he writes them down or makes a recording.
How Does Copyright Infringement Occur with Music?
Copyright infringement can occur when someone uses music without the permission of the copyright holder, who is usually the composer or the recording artist.
Here are some ways infringement can happen, provided that there is no permission or license from the copyright holder:
- Unauthorized music distribution
- Using music in commercial works
- Using music in a broadcast
- Using music in another type of media
- Using a music sample
- Using melodies or words in another song
Call Our Lawyers for Help Filing a Complaint for Copyright Infringement
Have you encountered infringement of your copyrighted music? Have you found unauthorized use of your music? Contact our copyright lawyers today for a free consultation regarding your legal options.
Our copyright infringement lawyers are experienced and can help you collect damages allowed by law.
Contact Sanders Law Group today at (800) 979-3707 for assistance.
