Trump Campaign Must Halt Use of ‘Hold On, I’m Coming’ After Lawsuit
Family of Song’s Co-Writer Files Suit
Infringement Claim Against Trump Campaign
The Trump campaign has been ordered to stop using the song "Hold On, I'm Coming" after a lawsuit was filed by the family of the song's co-writer, Jimmy Seals. Seals' family claims that the campaign used the song without their permission, violating copyright laws.
The suit was filed in federal court in Los Angeles on Monday. It alleges that the Trump campaign used the song at rallies and in campaign ads without obtaining a license from the Seals family.
Copyright Infringement Lawsuit
The family is seeking damages and an injunction to prevent the campaign from using the song in the future. The suit also alleges that the Trump campaign's use of the song has caused the family emotional distress.
Trump Campaign Responds
The Trump campaign has not yet commented on the lawsuit. However, it is likely that the campaign will argue that it had a right to use the song under the fair use doctrine.
The fair use doctrine is a legal defense that allows individuals to use copyrighted material without permission for certain purposes, such as criticism, comment, or news reporting.
Fair Use Defense
However, the fair use defense is not absolute. Courts will consider a number of factors when determining whether a use of copyrighted material is fair, including the purpose and character of the use, the nature of the copyrighted work, and the amount and substantiality of the portion used.
In this case, it is likely that the court will consider whether the Trump campaign's use of the song was transformative, meaning that it created a new and different work from the original song.
The court will also consider whether the Trump campaign's use of the song had a negative impact on the song's market value.
Outcome of Lawsuit Uncertain
The outcome of the lawsuit is uncertain. However, the suit could have a significant impact on the Trump campaign's ability to use music at rallies and in campaign ads.
If the court rules in favor of the Seals family, the Trump campaign could be forced to pay damages and stop using the song.
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