In today’s CMU Daily: In September a US court said that Donald Trump’s unapproved use of Eddy Grant’s ‘Electric Avenue’ in a 2020 campaign video was not fair use, meaning it infringed copyright. Trump has now settled Grant’s lawsuit, meaning that ruling won’t be challenged on appeal 

Also today: US performing rights organisation AllTrack this week formally launched a new mechanical rights division, meaning independent creators can collect both performance and mechanical royalties via one platform. It’s the first PRO in the US to also represent its members’ mechanical rights 

Plus: IMPALA, the pan-European organisation for the independent music community - prompted by this week’s COP29 - has again urged music companies to assess their environmental impact, using IMPALA’s Carbon Calculator, and implement measures to make their businesses more sustainable

And: Horizon Future Leaders interview with Emma Wiggin

Donald Trump settles Eddy Grant copyright lawsuit after fair use defence fails

President-elect Donald Trump has settled the copyright infringement lawsuit filed against him by Eddy Grant over the unapproved use of ‘Electric Avenue’ in a campaign video during the 2020 US presidential election. It follows a court ruling in Grant’s favour in September which rejected Trump’s fair use defence. 

The judge overseeing the case, John G Koeltl, has issued an order that states, “It having been reported to this court that the parties have settled this action, it is hereby ordered that this matter be discontinued with prejudice”. 

The ‘with prejudice’ bit means that Grant can’t file any future litigation in relation to this dispute. Although, Koeltl did add that Grant can still apply to re-open the case at any point in the next 30 days if the settlement falls through at the very final hurdle. 

Terms of the settlement are confidential, as is usually the case, but it means Trump doesn’t plan to appeal September’s ruling. Maybe because he reckons he’ll be far too busy running the free world to be appealing copyright litigation in 2025, or maybe his legal team decided that higher courts would also likely reject their fair use defence. 

September’s ruling in this case potentially has an impact on any other artists whose music has been used in Trump campaign videos without licence and who feel like making a copyright claim. 

When Trump uses music at his rallies, he is often covered by the blanket licences issued by the music industry’s collecting societies. Songwriters can opt out of those licences, though things are still a little more complicated when it comes to the use of music at events. 

However, with music used in campaign videos, a bespoke licence is required from the relevant copyright owners. Unless, that is, a case can be made that the use of music is fair use under American copyright law, which would mean permission from the relevant copyright owners is not required.

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US PRO AllTrack launches mechanical royalties collection service

AllTrack, the newest of the five performing rights organisations in the US, has formally launched a mechanical rights division, allowing independent songwriters to collect more royalties via one platform. 

That, AllTrack notes, makes it “the first and only PRO in the United States to offer integrated performance and mechanical rights collection services that music creators and publishers can manage through a single platform”. 

The organisation’s founder and CEO, Hayden Bower, says that the expansion into mechanical rights “addresses the independent sector’s long-standing need for a simplified royalty collection process”, adding that, “AllTrack members can now receive the compensation they're entitled to faster and more efficiently than ever before”. 

In Europe, most songwriter collecting societies, like SACEM and GEMA, represent both performing rights and mechanical rights on behalf of their members. However, in some countries, including the Anglo-American markets, there are different societies for the different components of the song copyright. So, in the UK, PRS represents performing rights and MCPS represents mechanical rights. 

Performing rights are exploited when songs are broadcast, performed or made available, which includes radio, live shows and when recorded music is played in public. Mechanical rights are exploited when songs are reproduced and distributed, which includes when CDs and vinyl records are pressed and sold. 

On-demand streaming exploits both the performing rights and the mechanical rights at the same time, because the songs are both made available and reproduced. That means if an independent songwriter is only in a performing rights society, they are missing out on some of the digital royalties due on their songs.

As COP29 reaches its conclusion, IMPALA urges music companies to lead the way in addressing climate challenges

With the 2024 United Nations Climate Change Conference - aka COP29 - reaching its conclusion today, pan-European indie label trade group IMPALA has put out a statement urging its members to “assess their environmental impact” and “recognise the associated business benefits” of ensuring their operations are environmentally sustainable. 

On that latter point, IMPALA explains that, “investigating and transitioning to more efficient business practices, and opting for more sustainable production and distribution methods, leads to lower costs over time while reducing waste, as well as a more creative and forward-thinking culture”.  

The trade group’s sustainability lead Karla Rogožar adds, “Music and culture have a great influence in shaping public attitudes and narratives. By leveraging this power, the cultural sector can lead the way in addressing climate challenges and inspiring transformative change. This will help amplify the potential to make sustainability a defining feature of our industry and vice versa”. 

Today’s statement builds on and promotes IMPALA’s existing work seeking to encourage and enable independent music businesses to reduce their emissions and become more sustainable. It suggests a number of steps music companies can take, including measuring their carbon footprints on an annual basis using the IMPALA Carbon Calculator.

🌅 Horizon Future Leaders - Emma Wiggin Q&A

As part of our Horizon Future Leaders series, we’re connecting with the music industry’s next generation of leaders to gather candid advice and insights into their career journeys.

This week, we caught up with artist manager, Emma Wiggin.

From fostering inclusivity in rock music through the European Music Managers Alliance to supporting disabled professionals with Youth Music, Emma has built a multifaceted career in the music industry. Recently among those honored with the Music Venue Trust’s Outstanding Contribution To Grassroots Music Award, Emma’s impact extends from empowering emerging talent to shaping inclusive industry practices. 

She shares advice on overcoming barriers, such as tailoring events to access needs, and navigating challenges like social media pressures for emerging rock bands. Emma’s journey underscores the value of being genuine, building supportive networks, and advocating for change in an evolving industry.