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In Trump's case, Electric Avenue was used for a commercial purpose, not for an allowable non-profit, research, or educational purpose, the judge wrote. The second factor looks at whether the copyrighted work was "creative" or "factual." The third factor weighs how much of the copyrighted work was taken for an unauthorized use. AdvertisementThe final factor asks "whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work," the judge wrote. "In this case, there is no public benefit as a result of the defendants' use of 'Electric Avenue'" the judge wrote.
Persons: , Donald Trump, Eddy Grant's, Trump, Grant, Brett Van Benthysen, Brian Caplan, Mr, Caplan, Van Benthysen, Grant's, Eddy Grant, Dan Scavino, Joe Biden feebly puttering, Pence, John G, Koeltl, Scavino Organizations: Service, Business, Trump Locations: Manhattan, Barbados
Trump's lawyers are expected to argue that, for decades, Grant somehow neglected to copyright the sound recording, or "master," for "Electric Avenue." Trump's lawyers acknowledge that Grant copyrighted the sheet music 40 years ago. Trump's side may argue that even Grant has tacitly acknowledged that the sound-recording copyright for "Electric Avenue" was never properly nailed down. Two weeks ago, on August 15, Grant applied to the US Copyright Office "for a sound-recording copyright registration of Electric Avenue," a court filing says. AdvertisementAnd Grant has been deposed by Trump's lawyers, who asked the artist to "explain" the song.
Persons: , Donald Trump, Eddy Grant, Grant, Joe Biden, Trump, Neil Young's, Isaac Hayes, Hayes, Eddy Grant's, John G, Brett Van Benthysen, Dan Scavino, Van Benthysen, Scavino, weren't Organizations: Service, Trump, Twitter, Business, Trump —, MTV, Electric, Warner Records, Greenheart, US Locations: Manhattan, Barbados, Georgia
Donald Trump didn't plead the Fifth when deposed for an "Electric Avenue" copyright lawsuit. Trump's ex-social media director Dan Scavino is meanwhile fighting being deposed, Grant's side says. The former president gave a court-ordered deposition earlier this year in Grant's $300,000 copyright infringement lawsuit, which is filed in federal court in Manhattan, a court filing revealed Monday. Some 40 seconds of "Electric Avenue" plays in the background of the animation, which depicts then-candidate Joe Biden puttering along on a slow-moving hand-car as the Trump campaign barrels past in a high-speed train. Online court records do not say what day Trump was deposed, or where.
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