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A federal judge in Atlanta issued a temporary injunction on Tuesday, preventing Donald Trump and his campaign from using the song “Hold On, I’m Coming” at their rallies and events.
The song, co-written by the late musician Isaac Hayes and published in 1966, had been frequently played at Trump rallies and featured in campaign videos posted online. According to court documents reviewed by ABC News, the injunction does not mandate the removal of these existing videos. Ronald Coleman, a representative of the Trump campaign, confirmed that they had already agreed to stop using the song further.
“The campaign had already agreed to cease further use,” Coleman said. “We’re very gratified that the court recognized the First Amendment issues at stake and didn’t order a takedown of existing videos.”
Last month, Isaac Hayes III, the son of the late musician, demanded $3 million in licensing fees from Trump and his campaign for what he described as unauthorized use of the song. Court documents indicate that the song was played over 150 times without proper authorization.
“We won,” Isaac Hayes III posted on Instagram following the hearing. “@realdonaldtrump has been barred from playing @isaachayes music forever.”
Ronald Coleman further explained that the injunction prevents the Trump campaign from playing the song, pending further proceedings, and the court would consider any motion for reconsideration based on copyright ownership if necessary.
“The campaign has a license to play the music through an agreement with BMI and ASCAP,” the Trump campaign said in a statement, referencing performance rights groups Broadcast Music Inc and the American Society of Composers, Authors, and Publishers.
Isaac Hayes III and attorneys for Isaac Hayes Enterprises, the entity managing Hayes’ estate and licensing, have not responded to ABC News’ requests for comments. Similarly, lawyers for neither side have issued statements on any financial decisions related to the alleged money owed to Isaac Hayes Enterprises.
The song, popularized by the musical duo Sam & Dave in 1966, managed to reach No. 21 on the Billboard Hot 100. Isaac Hayes, who co-wrote the song with David Porter, passed away in 2008 at the age of 65. According to court documents, his estate currently owns the rights and title to the song.
In 2020, when the Trump campaign used the song as “outro” music at one of their events, Isaac Hayes Enterprises issued a cease-and-desist letter. The legal complaint filed last month by Isaac Hayes Enterprises named multiple defendants, including the Donald J. Trump for President campaign, the Republican National Committee (RNC), conservative group Turning Point, the National Rifle Association (NRA), the American Conservative Union, and BTC, for hosting events and uploading videos featuring the song.
The court noted on Tuesday that the motion had been withdrawn by Hayes Enterprises as it pertained to Turning Point, NRA, and RNC.
Isaac Hayes is among several artists who have demanded that Trump stop playing their music at his events. Other musicians making similar requests include Beyoncé, the Foo Fighters, Jack White, and Celine Dion.
Source: ABC News