Court orders Trump campaign to stop using classic R&B song

ATLANTA — A federal judge in Atlanta ruled Tuesday that Donald Trump and his campaign must stop using the song “Hold On, I’m Comin’” while the family of one of the song’s co-writers pursues a lawsuit against the former president over its use.

The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign, and several allies had infringed its copyright and should pay damages. After a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he denied a request to force the campaign to take down any existing videos that include the song.

Hayes, who died in 2008 at age 65, and David Porter co-wrote “Hold On, I’m Comin’,” a 1966 hit for soul duo Sam and Dave. Others to record the song include Aretha Franklin, Solomon Burke, the Righteous Brothers, Jerry Lee Lewis, and the duo of Eric Clapton and B.B. King.

Ronald Coleman, an attorney for Trump and his campaign, told reporters after the hearing that the campaign had already agreed not to use the song going forward, stating, “The campaign has no interest in annoying or hurting anyone, and if the Hayes family feels that it hurts or annoys them, that’s fine, we’re not going to force the issue.”

Coleman said it was important that the judge did not order the campaign to take down existing videos, as that would overstep his power at this point in the litigation.

Hayes’ son, Isaac Hayes III, expressed gratitude for the judge’s decision, saying, “I want this to serve as an opportunity for other artists to come forward that don’t want their music used by Donald Trump or other political entities and continue to fight for music artists’ rights and copyright.”

A number of artists and their heirs have objected to Trump using their songs during his events. For instance, after a Trump campaign rally in Bozeman, Montana, featured a video of Celine Dion performing “My Heart Will Go On,” her team released a statement clarifying that the singer did not endorse the use of her song, emphasizing that it was unauthorized.

Ahead of the 2020 election, artists like Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddy Grant, Panic! at the Disco, R.E.M., and Guns N’ Roses all objected to Trump using their songs.

When he learned in 2022 that Trump had used “Hold On, I’m Comin’” at an NRA rally, Porter tweeted “Hell to the NO!” However, Sam Moore of Sam and Dave had performed “America the Beautiful” at a pre-inauguration concert for Trump and suggested in a sworn statement filed with the court over the weekend by Trump and his campaign that he was opposed to the action sought by Hayes’ estate.

Tuesday’s ruling was a preliminary one, and the litigation remains ongoing.

The lawsuit filed by the estate of Isaac Hayes Jr. and Isaac Hayes Enterprises states that Hayes and Porter were the owners of all rights to the song, including the copyright, with Isaac Hayes Enterprises being the current owner.

The lawsuit alleges that Trump and his campaign began using the song in 2020 as “outro” music for his appearances and campaign events, using it at least 133 times since then. Universal Music Group and Warner Chappell Music, publishers contracted by Isaac Hayes Enterprises, sent a cease-and-desist letter to the Trump campaign in 2020.

According to the lawsuit, Trump and his campaign never sought permission or consent from Hayes’ estate or Isaac Hayes Enterprises until this year and have not obtained a valid public performance license for it. It also claims that using the song constitutes “false and/or misleading” uses of Hayes’ “widely recognized celebrity and legacy,” potentially deceiving the public into believing there is an endorsement or business relationship between the plaintiffs and Trump and his campaign.

The lawsuit asserts that the plaintiffs have “incurred significant economic damages” as a result and argues that they should receive actual and punitive damages for each proven infringement.

Lawyers for Trump and his campaign wrote in a filing with the court that the Hayes estate and Isaac Hayes Enterprises have failed to show that they own the copyright at issue and cannot show that they have suffered any harm. They added that the campaign obtained a license from BMI Music in November 2022 authorizing it to use “Hold On, I’m Comin’.”

The fact that the song can be heard as background music in some campaign videos is protected by the principle of fair use and “cannot possibly have an effect on the market value of the Song,” Trump’s lawyers wrote.

A sworn statement from Trump campaign deputy manager Justin Caporale submitted to the court states that “out of respect for the pending litigation,” the campaign will no longer play the song at its events.

In his statement filed with the court, Moore said Hayes’ estate has made his biography and legacy the focus of the litigation but argued that “Isaac’s is not the only significant biography and legacy involved in this matter.” As one of the singers on “Hold On, I’m Comin’,” Moore said that the public associates his voice, name, and identity with the song “at least as much, if not more, than the name of Isaac Hayes.”

Moore stated that all licensing for the song is controlled by Universal Music Group Publishing. He voiced concerns that if the court were to grant the wishes of Hayes’ estate, he might be prohibited from ever appearing and performing the song at a Trump event during or after the election.

Source: Associated Press