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Donald Trump has been ordered by a judge to stop playing the song “Hold On, I’m Coming” at campaign rallies, after the family of singer-songwriter Isaac Hayes claimed its use had not been authorized.
The ruling was made by Judge Thomas Thrash Jr in federal court in Atlanta, Georgia, on Tuesday. “I do order Trump and his campaign to not use the song without proper license,” he said, in an order obtained by CNN.
However, Thrash denied a motion by the Hayes estate to force the Trump campaign to take down any previously recorded uses of the song. The lawsuit alleged that the song was used without permission at rallies and in campaign videos multiple times previously.
Ronald Coleman, an attorney for Trump, told members of the media after the hearing that the campaign had “no interest in annoying or hurting anyone.” “If the Hayes family feels it hurts or annoys them, that’s fine, we’re not going to force the issue,” he said, per CNN.
Hayes’s son, Isaac Hayes III, said that the estate was “very grateful and happy” for the decision. “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,” he told reporters.
On Monday, Hayes III also shared a letter dated June 5, 2024, reportedly from BMI, an organization that collects license fees from businesses for the use of music.
“Donald Trump for President has been claiming they had a valid BMI license to play ‘Hold On, I’m Coming” for weeks. FALSE,” his post read. “Donald Trump for President has not had valid license for nearly 100 days, and @realDonaldTrump has NEVER had a license. Not to mention the numerous uses before Nov. 30th, 2022.”
The Hayes estate brought the lawsuit against the former president last month, seeking what could be millions of dollars in fees. It also named the Republican National Committee and conservative activist group Turning Point USA.
Lawyers for the Hayes family argued that Trump owes the estate $150,000 for each alleged unauthorized use of the song, which the Trump campaign has allegedly used over 100 times.
In addition to the licensing fees, it sought a disclaimer that the estate has not "authorized, endorsed, or permitted use of the Isaac Hayes Enterprises’ property at any point, now or in perpetuity throughout the universe."
Hayes died on August 10, 2008. He co-wrote the song in question with David Porter, and it was first performed in 1966 by the duo Sam & Dave. The Hayes estate argues that it regained the copyright to “Hold On, I’m Coming” in 2022, and that the Trump campaign has continued to use the song without permission.
The family sent Trump and his campaign a notice of copyright infringement on August 11, according to a post on X by Hayes’s son, Isaac Hayes III, and sought $3 million in licensing fees.
The Hayes estate is the first to end up in court over complaints of Trump and his campaign allegedly using music they had not properly licensed, though artists including Beyonce, Bruce Springsteen, Foo Fighters and the estate of Prince have also complained.
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