A federal judge in Atlanta ruled Tuesday that former President Donald Trump and his campaign must stop using the song “Hold On, I’m Coming” while the family of one of the song’s writers. pursue a lawsuit to the former president through the use.
Estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and some of his allies have violated copyright and should pay damages. After a hearing on the emergency appeals, U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he rejected a request that the campaign remove any existing videos that include the song.
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 & Dave — made up of Sam Moore and the late David Prater Jr.
Ronald Coleman, a lawyer for Trump, told CBS News that the former president and his campaign have stopped using the song.
“We are very gratified that the court recognized the First Amendment issue at stake and did not order the takedown of the video there,” said Coleman.
Hayes’ son, Isaac Hayes III, told reporters he was “very grateful and happy” for the judge’s decision.
“I want this to be an opportunity for other artists to come forward who don’t want their music to be used by Donald Trump or any other political entity and continue to fight for the rights of music artists and copyrights,” he said.
A string of artists and their heirs objected to Trump’s use of their songs during the event. After a Trump campaign rally in Bozeman, Montana, last month featured a video of Celine Dion performing “My Heart Will Go On,” her team released a statement saying the singer did not approve of the song’s use and said “there is no way this use is legal.”
Ahead of the 2020 ElectionBruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddy Grant, Panic! at the Disco, REM 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 for NO!” But Sam Moore, of Sam & 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 that Trump and his campaign opposed the proposed action. by the Hayes Estate.
Tuesday’s ruling is preliminary and the litigation remains ongoing.
The lawsuit filed by the estate of Isaac Hayes Jr.
The lawsuit says Trump and his campaign began using the song in 2020 as “outro” music for campaign appearances and events and have used it at least 133 times since then. Universal Music Group and Warner Chappell music, a publisher contracted by Isaac Hayes Enterprises, sent a cease and desist letter to the Trump campaign in 2020, he said.
Trump and his campaign never sought permission or consent from Hayes’ estate or Isaac Hayes Enterprises until this year and have yet to obtain a valid public performance license, the lawsuit says. The use of the song by Trump and the campaign was a “false and/or misleading” use of Hayes’ “widely recognized celebrity and legacy” and could mislead the public into believing there was an endorsement or business relationship between the plaintiffs and Trump and the campaign, the lawsuit said.
The lawsuit says the plaintiffs have “caused significant economic damages” as a result and says they should be awarded actual damages and punitive damages for each proven violation.
Lawyers for Trump and the campaign wrote in a filing with the court that the Hayes estate and Isaac Hayes Enterprises, have failed to show that they have copyright in the Issue and cannot show that they have suffered harm. The campaign obtained a license from BMI Music in November 2022 authorizing the use of “Hold On, I’m Coming,” the filing said.
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 have any effect on the market value of the Song,” Trump’s lawyer wrote.
A sworn statement from Trump’s deputy campaign manager Justin Caporale filed in court said that “out of respect for the pending litigation” the campaign would not play the song at the event.
In a statement filed with the court, Moore said the estate of Hayes has been made a biography and legacy that is the focus of litigation, but that “Isaac 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 Isaac Hayes.”
Moore said all licenses for the song are controlled by Universal Music Group Publishing.
Moore said he fears that if the court grants the Hayes estate’s request, he will be barred from performing the song at Trump events during or after the election.
Caitlin Yilek contributed to this report.
