Former President Donald Trump lost his bid to dismiss a lawsuit over the unauthorized use of Eddy Grant’s “Electric Avenue” in a video that he tweeted in August 2020, after a federal court in Manhattan said he failed to demonstrate that use of the copyrighted material was fair use.
Trump can reassert the defense “at a stage when there is a more developed factual record,” however.
“Because fair use is a fact-intensive inquiry, it is rarely appropriate for a court to make a determination of fair use at the motion to dismiss stage,” U.S. District Court for the Southern District ...
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