Grant v. Trump

OPINION AND ORDER The plaintiffs, Eddy Grant (“Grant”); Greenheart Music Limited, a United Kingdom Company (“Greenheart UK”); and Greenheart Music Limited, an Antigua and Barbuda Limited Company (“Greenheart Antigua”) brought this copyright infringement action against former President Donald J. Trump and Donald J. Trump For President, Inc. (“the Campaign”) (collectively, “the defendants”) for the unauthorized use of Grant’s music in an animated video created by a third party during the 2020 presidential election campaign and posted by former President Trump on his personal Twitter account (“the Video”). See ECF No. 1. The plaintiffs assert claims for copyright infringement of the musical composition of “Electric Avenue” (Count I) and copyright infringement of the sound recording of “Electric Avenue” (Count II). See id. In an Opinion and Order dated September 28, 2021, this Court denied the defendants’ motion to dismiss. See Grant v. Trump, 563 F. Supp. 3d 278 (S.D.N.Y. 2021). The parties have now filed cross-motions for partial summary judgment. The defendants move for summary judgment dismissing Count II of the complaint on the grounds that the plaintiffs lack a valid copyright registration for the sound recording of “Electric Avenue.” See Defs.’ Mot., ECF No. 100. The plaintiffs move for summary judgment on the issue of liability. See Pls.’ Mot., ECF No. 105. The Court heard oral argument on the motion on September 6, 2024. For the reasons explained below, the defendants’ motion for partial summary judgment is denied, and the plaintiffs’ motion for partial summary judgment is granted. I. The following facts are based on the parties’ Rule 56.1 statements, counterstatements, and supporting papers, and are undisputed unless otherwise noted. The Court also assumes familiarity with the Court’s prior decision denying the defendants’ motion to dismiss, including the extensive description of the facts of this case. See Grant, 563 F. Supp. 3d at 282-83. A. Plaintiff Grant is the sole owner of Greenheart Antigua and Greenheart UK, the licensing arm of Greenheart Antigua. See Defs.’ Resp. to Pls.’ Rule 56.1 Statement,