ATLANTA – A federal judge in Atlanta ruled Tuesday that Donald Trump and his campaign must stop using the song “Hold On, I'm Coming” 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 of his 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.
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Hayes, who died in 2008 at age 65, and David Porter co-wrote “Hold On, I'm Coming,” a 1966 hit for soul duo Sam and Dave.
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: “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 very important that the judge agreed that it would be overstepping his power at this point in the litigation to order the campaign to take down existing videos.
Hayes' son, Isaac Hayes III told reporters he was “very grateful and happy” for the judge's decision.
“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,” he said.
A string of artists and their heirs have objected to Trump using their songs during his events. After a Trump campaign rally in Bozeman, Montana, last month featured a video of Celine Dion performing “My Heart Will Go On,” her team put out a statement saying the singer didn’t endorse that use of her song and saying “in no way is this use authorized.”
Ahead of the 2020 election, 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 Coming” at an NRA rally, Porter tweeted “Hell to the NO!” But 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 says Hayes and Porter were the owners of all rights to the song, including the copyright, and that Isaac Hayes Enterprises is the current owner.
The lawsuit says Trump and his campaign began using the song in 2020 as “outro” music for his appearances and campaign events and has used 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, it says.
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, the lawsuit says. The song's use by Trump and his campaign constitutes “false and/or misleading” uses of Hayes' “widely recognized celebrity and legacy” and could deceive the public into believing there is an endorsement or business relationship between the plaintiffs and Trump and his campaign, the lawsuit says
The lawsuit says the plaintiffs have “incurred significant economic damages” as a result and argues that they should get 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. The campaign obtained a license from BMI Music in November 2022 authorizing it to use “Hold On, I'm Coming,” the filing says.
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 says 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 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 Coming,” 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 said all licensing for the song is controlled by Universal Music Group Publishing.
Moore said he fears that if the court were to grant the wishes of Hayes' estate that he might be prohibited from ever appearing and performing the song at a Trump event during or after the election.