Grant had previously offered to settle the claim in August but with that offer apparently rejected, the case progressed with Trump\u2019s team attempting to have the lawsuit kicked out.<\/p>\n
Trump\u2019s Attempt to Have Lawsuit Dismissed Fail<\/h2>\n
In their motion to dismiss, Trump\u2019s lawyers said any use was protected under the doctrine of fair use. They claimed that Grant had created the track for entertainment purposes and Trump had used it for political commentary. This, they said, meant that the animation had a \u201cfundamentally different and new purpose\u201d, meaning that the use was transformative.<\/p>\n
They also claimed that the quantity and quality of use of the song in the animation was\u00a0de minimus<\/em>\u00a0since only 17.5% of the track was used, adding that the animation posed no threat to Grant\u2019s licensing opportunities. U.S. District Judge John Koeltl\u00a0was not convinced<\/a>.<\/p>\n In short, the Judge concluded that the animation\u2019s political purpose did not automatically render the use of any non-political work transformative under fair use. It was \u201cwholesale copying\u201d to support a political ad campaign, the Judge said, and there was no attempt to modify the song or comment on the song or its author. Overall, each of the fair use factors weighed in favor of Grant.<\/p>\n In an answer to the complaint filed Tuesday, Trump admits that the venue is proper and court has jurisdiction. However, the majority of Grant\u2019s allegations are either denied in full or on the basis of insufficient knowledge as to the truth of the allegations.<\/p>\n Specifically, the answer denies that the animation used Electric Avenue in breach of Grant\u2019s copyrights and denies that the defendants benefited financially or politically from the distribution of the video.<\/p>\n Trump does admit that no license was obtained to use the track and also concedes that no separate permission was granted either.<\/p>\n \u201cDefendants admit they did not have permission, license or consent of Plaintiffs to use the Composition in connection with the Animated Video,\u201d the answer reads, adding that no license was needed.<\/p>\n Trump\u2019s team begins by stating that Grant\u2019s claims are barred, either in whole or in part, due to the plaintiff\u2019s failure to state a claim. This suggests that the defendant believes that the claimant failed to present sufficient facts to indicate that Trump\u2019s use represented a violation of the law or that Grant is entitled to legal remedy.<\/p>\n The answer, without stating any specifics, further claims that the claims against Trump are barred, in whole or in part, by the doctrines of waiver, laches, acquiescence, inequitable conduct and\/or unclean hands.<\/p>\n It continues by categorically stating that Trump did not infringe Grant\u2019s copyrights directly or indirectly and that if any use did take place, that was carried out under the doctrines of fair use and\/or nominative use. Whether relying on a fair use defense is a good option given the Judge\u2019s response to the earlier motion to dismiss is up for debate but the former president believes he has a trump card up his sleeve.<\/p>\n As\u00a0reported<\/a>\u00a0this week by NBC, Trump is currently defending himself in at least ten civil lawsuits seeking remedy for conduct relating to his time in office. In some of these cases he claims that as a sitting president, he is immune from civil lawsuits.<\/p>\n The copyright infringement lawsuit he faces against Eddy Grant is no different, according to his legal team.<\/p>\n \u201cPlaintiffs\u2019 claims against Donald J. Trump are barred, either in whole or in part, by Presidential absolute immunity,\u201d Trump\u2019s legal team write in their answer.<\/p>\n The suggestion here is that if there was any infringement of Grant\u2019s rights due to the use of Electric Avenue in the campaign video, that was carried out as part of Trump\u2019s official acts as president and not in a purely personal context. As such the lawsuit\u00a0fails as a matter of law<\/a>.<\/p>\n Grant\u2019s legal team says it will continue the fight.<\/p>\n \u201cGiven the court\u2019s recent favorable determination, there are very few issues that remain to be resolved,\u201d attorney Brian Caplan told ABC News.<\/p>\n \u201cWe are confident that our clients\u2019 rights will ultimately be fully upheld and look forward to Mr. Trump fully explaining his actions.\u201d<\/p>\n Trump\u2019s answer to Grant\u2019s complaint can be found\u00a0here<\/a>\u00a0(pdf)<\/em><\/p>\n Source: \u00a0Trump Responds With Answer to Complaint<\/h2>\n
Affirmative Defenses<\/h2>\n
Trump: I Have Absolute Immunity<\/h2>\n
![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"