Donald Trump and his campaign were ordered at an emergency hearing in Atlanta federal court on Monday to stop using a song written by legendary singer-songwriter Isaac Hayes, which he has performed at more than 130 rallies.
U.S. District Court Thomas Thrash Jr. issued the injunction as part of a 9:30 a.m. hearing called by attorneys representing Isaac Hayes III, the executor of his father's estate. Trump is no longer allowed to use the Grammy-winning soul music legend's song “Hold On, I'm Comin'” at rallies and events.
“I couldn’t have asked for a better decision,” Hayes said at a press conference after the hearing. “I want this to serve as an opportunity for other artists to come forward who don’t want their music used by Donald Trump or other political entities and continue to fight for artists’ rights and copyright.”
Hayes said The Hollywood Reporter in an August interview, by his count, “Hold On, I’m Comin'” has been used 135 times in recent years without Trump’s team ever asking permission or paying to license the soul classic.
The court victory did not, however, include all of the demands of the Hayes estate, which has asked that all videos featuring the song uploaded by Team Trump and its associates be removed. James L. Walker, an attorney representing the Hayes family, said the injunction was issued after an emergency hearing and that the case will now proceed to the evidentiary process and then to trial, which is when the removal demands will be addressed.
“The case underlying the breach is ongoing and we will take the necessary steps to ensure that our client is not a victim,” co-counsel for the Hayes Estate told reporters.
Over the course of his three campaigns, several artists and bands have issued public statements that Trump and his campaign have used their copyrighted songs at MAGA rallies and campaign meetings without legal authorization, often to incite crowds or elicit emotional reactions from them. Like Hayes, Adele, Earth, Wind & Fire, the Tom Petty estate, and John Fogarty have all issued statements calling on the campaign to stop it. In the 2024 election cycle, artists from Jack White to ABBA have complained or issued warnings to Team Trump to stop the copyright infringement.
Trump's lawyer Ronald Coleman raised the issue of free speech after the ruling.
“The campaign had already agreed to cease further use,” Coleman said. “We are very pleased that the court recognized the First Amendment issues at stake and did not order the removal of the existing videos.”
Speaking about his father’s legacy Tuesday, Hayes explained how the complex history of the rights to the song, which he co-wrote with Dave Porter for the 1966 act Sam & Dave, has led back to the family and confirmed his desire to keep the music and those who use it to thrill crowds close to home. Copyright law dictates that after 56 years of publication, the rights to the songs revert to the songwriter or his or her heirs.
“We are the copyright holders. Many artists are not often in this position to defend copyright and publishing houses, [who] usually own the rights to the music. But I always want to make sure that we are able to protect my father’s legacy,” Hayes explained. “My father lost the rights to his music a year before I was born. That music started coming back. So after 56 years, the last thing we were going to do was sell our copyright, and we will defend and continue to collect more of Isaac Hayes’ copyrights.”