Isaac Hayes Estate Secures Preliminary Injunction Against Trump Campaign for Unauthorized Use of Song
ICARO Media Group
In a recent development, the estate of iconic musician Isaac Hayes has successfully obtained a preliminary injunction against Donald Trump's campaign, ordering them to cease using Hayes' song "Hold On, I'm Coming" without proper licensing. The ruling was delivered by Federal Judge Thomas Thrash Jr. during a hearing held on September 3. While the judge rejected the estate's request to remove old videos containing the song, the decision marks a significant victory for the Hayes estate in their ongoing legal battle against Trump.
Ronald Coleman, a lawyer representing the Trump campaign, confirmed that they had already agreed to discontinue further use of the song. He expressed satisfaction with the court's recognition of the First Amendment issues at stake, further stating that the ruling did not entail the removal of existing videos featuring the song. Meanwhile, the Hayes estate's lawyer, James Walker, expressed confidence that the Trump campaign would be compelled to remove any videos containing "Hold On, I'm Coming" after proving the absence of a proper license during the upcoming trial phase.
Following the decision, Isaac Hayes III, the son of the late musician, addressed reporters outside the Atlanta courtroom. Expressing gratitude and happiness, Hayes III emphasized that Donald Trump would be permanently barred from playing Isaac Hayes' music again. He viewed the ruling as an opportunity for other artists to come forward and protect their music from being utilized by political entities such as Trump.
It is crucial to note that the preliminary ruling does not conclude the case, as it is expected to proceed to a full trial. The Hayes estate's lawyer highlighted this fact during a press conference, acknowledging that today's decision was just an initial step. Walker expressed optimism that, upon reaching trial, the Trump campaign would be required to remove any videos featuring "Hold On, I'm Coming" due to the lack of a proper license.
For years, Donald Trump has incorporated "Hold On, I'm Coming" into his campaign rallies. The song, written by Hayes and David Porter and popularized by Sam & Dave, has been a prominent feature at these events. While Sam Moore of Sam & Dave even performed at Trump's inauguration in 2017, the Hayes estate has consistently opposed Trump's use of the song. They alleged that the song's publishers, Universal Music Group and Warner Chappell Music, had previously attempted to issue a cease-and-desist letter to the Trump campaign in 2020. In response, the estate sent its own cease-and-desist last month, followed by a $3 million lawsuit, citing over 100 unauthorized plays of the song at Trump rallies since 2022.
Stopping a political candidate from using their music at rallies can be challenging for artists, as campaigns typically acquire blanket political use licenses from publishers and rights management companies. In such cases, artists must request their publishers to remove their material from these licenses if they object to a particular candidate's usage. In court filings, the Hayes estate acknowledged that "Hold On, I'm Coming" was initially covered under one such license obtained by the Trump campaign. However, the estate revealed that on June 5, 2024, the rights management company BMI sent a letter to the campaign, stating that "Hold On, I'm Coming" had been removed at the request of Dave Porter. Despite this, the estate claimed that Trump continued to use the song at subsequent events.
As the legal battle between the Hayes estate and the Trump campaign escalates, this preliminary injunction serves as a significant step towards protecting the rights of artists and their intellectual property. The outcome of the impending trial will determine the full extent of the actions to be taken against the unauthorized usage of "Hold On, I'm Coming" by Donald Trump's campaign.