In a landmark decision, a federal judge has ruled that former President Donald Trump can no longer use the song “Hold On, I’m Comin’” by the late soul legend Isaac Hayes, Jr. This decision follows a legal battle led by Isaac Hayes III., the son of the iconic musician, and his legal team, who argued that Trump used the song without permission.
The song may be better known as a song performed on the Stax Record label by the duo Sam and Dave, Hayes, who was part of the Stax writing team, is credited with Dave Porter – a lyricists – as the song’s writer.
Legal Team Hails Ruling as a Landmark Win for Music Artists
Attorney James L. Walker Jr., the lead attorney representing Isaac Hayes III, the Hayes estate, and Hayes Enterprises, announced the court’s decision at a press conference in Atlanta on Tuesday where Walker expressed his satisfaction with the ruling, emphasizing its significance for protecting artists’ rights.
“Donald Trump has been barred from ever playing the music of Isaac Hayes again,” Hayes III said at a press conference outside of the courthouse. “I want this to serve as an opportunity for other artists to come forward that don’t want their mush used by Donald Trump or other political entities and continue to fight for music artists rights and copyright,” he added.
The case began after Trump used “Hold On, I’m Comin’” at the National Rifle Association convention in Houston in 2022, shortly after the Uvalde mass shooting. Isaac Hayes III expressed his displeasure through a tweet, followed by a cease-and-desist letter to Trump’s team. Despite these actions, Trump continued to use the song at multiple campaign rallies over the next two years, prompting the Hayes family to take legal action.
Isaac Hayes III’s father also had seven daughters, emphasizing that his father would not have wanted his music associated with Trump, who has faced numerous accusations of sexual misconduct. “I know my father would not want that man playing his music. That man has been found liable for sexual abuse and some of the things that he says about women, especially Black women and women of color, especially in this election, so we have to take a stand that we want to separate ourselves from someone with Donald Trump’s character. This is not a political issue; it’s a character issue,” Hayes III said.
BMI Issues Cease-and-Desist to Trump in June 2024
BMI issued a formal notice to the Trump 2024 campaign, ordering them to stop using the song “Hold On, I’m Comin’” by Isaac Hayes. Furthermore, the letter, dated June 5, 2024, was sent to Scott Gast of the Trump campaign, informing him that the use of the song without a proper license constitutes a breach of the agreement.
Trump’s Free Speech Argument Falls Flat
During the court proceedings, Trump’s team argued that their use of the song was protected as political speech. However, the judge dismissed this argument, focusing instead on the infringement of intellectual property rights. “This judge understood copyright law and made it clear: if you don’t have a license, you can’t use the music,” Walker said.
The ruling sends a powerful message that copyright laws must be respected, regardless of one’s status or political position. “The judge made it very clear that Trump and his team do not have a license to use this music. This case is about upholding the law and protecting the rights of artists,” Walker emphasized.
The court’s decision was a preliminary injunction to prevent Trump from using the song further while the case proceeds. The next steps involve an evidentiary process, during which the Hayes legal team will continue to build their case for copyright infringement.
The Hayes family is determined to continue fighting for their rights as they enter the discovery phase of the legal process. They remain committed to defending Isaac Hayes’ legacy and ensuring that his music is used appropriately and with the respect it deserves.