The "day in court" -- for Eddy Grant's "Electric Avenue" will now be in the first week of September, by agreed order.
The train is comin' though -- to take justice back, from Tangerine's endless crime spree. Here's that, in full -- and a bit, from our earlier coverage of Mr. Grant's claims:
. . .The video -- in particular the contrast between the trains and the unflattering nature of the excerpted language from President Biden -- appears intended to criticize President Biden and depict the strength of former President Trump's campaign. Grant's song can be heard beginning at around the fifteen-second mark of the video, and continues through the duration of the fifty-five second video. . . .
[T]he video had been viewed more than 13.7 million times; the Tweet containing the video had been "liked" more than 350,000 times, re-Tweeted more than 139,000 times, and had received nearly 50,000 comments. Compl. ii 43-44. The defendants did not receive a license or Grant's permission to use the song in connection with the animated video. . . .
In this case, the video's overarching political purpose does not automatically render its use of any non-political work transformative. See, e.g., Henley v. DeVore, 733 F. Supp. 2d 1144, 1164 (C.D. Cal. 2010) (rejecting fair use defense at the summary judgment stage where creators of political campaign ads rewrote some of the lyrics but appropriated the melody, rhyme scheme, and syntax of two Don Henley songs without permission); Browne v. McCain, 612 F. Supp. 2d 1125, 1129-31 (C.D. Cal. 2009) (rejecting fair use defense at the motion to dismiss stage where a political campaign ad featured a Jackson Browne song without permission, even though other audio was played on top of the song). As to the character of the video's use of Electric Avenue, it is best described as a wholesale copying of music to accompany a political campaign ad. . . . In this case, the video's creator did not edit the song's lyrics, vocals, or instrumentals at all. . . .
It is plain that widespread, uncompensated use of Grant's music in promotional videos -- political or otherwise -- would embolden would be infringers and undermine Grant's ability to obtain compensation in exchange for licensing his music. The [Trump Team does] not seriously dispute this. . . .
And, relatedly, we need more events like the NABJ one in Chicago yesterday, on his calendar -- the more Tangerine is subjected to actual. . . journalism. . . the more "low information" Americans will see him for the embittered, 78 year old racist a$$. . . he is. Onward.
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1 comment:
I love all of this -- and will get them posted soon!
And I hear you, on old Cumquat Pol-Pot. I mean to speak to the kids -- the ones who now apparently think he's "cool", because he's taken a (grifting) position in favor of a "national reserve" mechanism, for... Bitcoin. (Ugh.) It's a con, as he raked in over $25 million from crypto-bros in Nashville last weekend -- in a legal bribe where a few Bitcoin mining CEOs paid over $500,000 each for a one hour roundtable, behind closed doors -- and no recording allowed, of any kind. They all had to place their phones into foil bags, on entry, apparently -- and leave them with the hat check.
I N S A N E.
But the crypto-kiddies, the ones who follow the accounts of whales. . . now think he's a cool choice -- the lack of diligence is. . . stunning.
So we are here aiming at these truly low to no information voters -- not the cognoscenti, like you!
Smile. . . thanks!
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