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 the song’s co-writer. A lawsuit follows Against the former president for its use.
The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and his allies violated its copyright and that they should pay damages. After hearing the estate’s request for an emergency preliminary injunction, US District Judge Thomas Thrush ruled that Trump must stop using the song, but he denied requests to force the campaign to 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 by the duo Sam & Dave — formed by Sam Moore and the late David Prater Jr.
Ronald Coleman, an attorney for Trump, told CBS News that the former president and his campaign have already stopped using the song.
“We are very pleased that the court recognized the First Amendment issues at stake and did not order the removal of the existing videos,” Coleman said.
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 who don’t want their music used by Donald Trump or other political entities and continue to fight for the rights and copyrights of music artists,” he said.
A group of artists and their heirs objected to Trump using their songs during his show. After a Trump campaign rally in Bozeman, Montana, A video was shown last month Celine Dion performing “My Heart Will Go On,” her team released a statement saying the singer did not endorse that use of her song and said “this use is not authorized in any way.”
2020 election aheadBruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddie Grant, Panic! At the Disco, REM and Guns N’ Roses all used their songs to rail against Trump.
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 & Dave, performed “America the Beautiful” at a pre-inauguration concert for Trump and suggested in a sworn statement filed in court by Trump and his campaign over the weekend that he opposes the move. By Hayes Estate.
Tuesday’s ruling is preliminary and the case is ongoing.
The lawsuit, filed by the estate of Isaac Hayes Jr. and Isaac Hayes Enterprises, states that Hayes and Porter owned all rights to the song, including copyright, and that Isaac Hayes Enterprises is the current owner.
The lawsuit states that Trump and his campaign began using the song as the “outro” music for his appearances and campaign events in 2020 and have since used it at least 133 times. Universal Music Group and Warner Chapel Music, the publisher contracted by Isaac Hayes Enterprises, sent a cease-and-desist letter to the Trump campaign in 2020, it said.
Until this year, Trump and his campaign never sought permission or consent from the Hayes estate or Isaac Hayes Enterprises, and never obtained a valid public performance license, the lawsuit said. Trump and his campaign’s use of the song constitutes a “false and/or misleading” use of Hayes’ “widely recognized celebrity and legacy” and could mislead the public into believing there is an endorsement or business relationship between the plaintiffs and Trump and his campaign, the suit says. .
The lawsuit says the plaintiffs “suffered substantial economic loss” as a result and argues they should receive actual and punitive damages for each proven violation.
Lawyers for Trump and his campaign wrote in a court filing that the Hayes estate and Isaac Hayes Enterprises have failed to show that they own the copyrights at issue and cannot show that they suffered any damages. The campaign obtained a license from BMI Music in November 2022 authorizing the use of “Hold On, I’m Coming”.
The fact that the song plays as background music in some campaign videos is protected by fair use principles and “is unlikely to affect the song’s market value,” Trump’s lawyers wrote.
A sworn statement by Trump campaign deputy manager Justin Caporal filed in court said the campaign would no longer play the song at its events “out of respect for pending litigation.”
In his statement filed with the court, Moore said that Hayes’ estate has made his biography and legacy central to the case, but that “Isaac’s only significant biography and legacy are not involved in this matter.” As one of the singers of “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 handled by Universal Music Group Publishing.
Moore said he fears that if the court grants the wishes of Hayes’ estate, he could be barred from appearing at Trump events and performing the song during or after the election.
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