Donald Trump Ordered by Judge to Stop Using Isaac Hayes-Penned Song at Rallies
At an emergency injunction hearing in Atlanta federal court on Tuesday, Donald Trump and his campaign were ordered to stop using a song written by songwriting legend Isaac Hayes that he has played at over 130 rallies.
U.S. District Court Judge Thomas Thrash Jr. issued an injunction as part of the 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.
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“I couldn’t have asked for a better decision,” Hayes said at a press conference following the hearing. “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.”
Hayes told The Hollywood Reporter in an interview in August that by his count, “Hold on, I’m Comin’” has been used 135 times over the past several years without Trump’s team ever asking permission or paying to license the soul classic.
This court victory did not include all requests from Hayes’ estate, however, which asked that all videos featuring the song uploaded by Team Trump and its associates be taken down. James L. Walker, an attorney representing the Hayes family, said that the injunction was issued after an emergency hearing and that the case will now go into the evidentiary process, and then to trial, which is when the takedown requests will be addressed.
“The underlying case for the infringement is still proceeding forward, and we’re going to take the steps necessary to ensure our client is not a victim,” co-counsel for the Hayes Estate told reporters.
Over his three campaigns, several artists and musical groups have released public statements that Trump and his campaign have used their copyrighted songs at MAGA rallies and campaign gatherings without legal permission, often to pump up crowds there or elicit emotional reactions from them. Like Hayes, Adele, John Fogarty, Tom Petty’s estate and Earth, Wind & Fire have all issued statements asking the campaign to stop this. In the 2024 election cycle, artists from Jack White to ABBA have either complained or issued warnings to Team Trump to stop their copyright infringement.
Ronald Coleman, a lawyer for Trump, brought up free speech rights after the ruling on Tuesday.
“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.”
Speaking of his father’s legacy on Tuesday, Hayes explained how the complex story of the rights to the song, which in 1966 was co-written with Dave Porter for the act Sam & Dave, has led back to the family and affirmed his desire to keep the music and who uses it to excite crowds held close. Copyright law states that after 56 years of publication, the rights to songs either return to the author or the author’s heirs.
“We are the copyright holders. A lot of artists are not often in this position to stand up for the copyright and to publishing companies, [who] typically 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 to come back. So after 56 years, the last thing that we were going to do is sell our copyright, and we’re going to defend and continue to gather more Isaac Hayes copyrights.”
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