Trump campaign must cease using ‘Hold On, I’m Coming’ following lawsuit from co-writer’s family.

ATLANTA (AP) — On Tuesday, a federal judge in Atlanta ruled that Donald Trump and his campaign must stop using the song “Hold On, I’m Coming.” This decision comes as the family of one of the song’s co-writers pursues legal action against the former president for using the track without permission.

The estate of Isaac Hayes Jr. filed a lawsuit last month, claiming that Trump, his campaign, and some of his supporters violated copyright laws and should be held liable for damages. After a hearing regarding the estate’s request for an emergency injunction, U.S. District Judge Thomas Thrash ordered Trump to cease using the song but did not mandate the removal of any existing campaign videos that feature it.

Hayes, who passed away in 2008 at the age of 65, co-wrote “Hold On, I’m Coming” with David Porter. The song became a hit in 1966 for the soul duo Sam and Dave.

Ronald Coleman, an attorney representing Trump and his campaign, stated after the hearing that the campaign had already agreed not to use the song in the future. He added, “The campaign has no interest in annoying or hurting anyone, and if the Hayes family feels that it bothers them, we’ll respect that.”

Coleman also emphasized that it was significant the judge recognized his limits in ordering the removal of existing videos at this stage in the legal proceedings.

Isaac Hayes III, the son of the late songwriter, expressed his gratitude for the judge’s decision, saying, “I hope this encourages other artists who don’t want their music used by Donald Trump or any political figures to stand up for their rights and defend copyright.”

A number of artists and their heirs have voiced their objections to Trump using their songs at his events. Recently, after a rally in Bozeman, Montana, where a video of Celine Dion singing “My Heart Will Go On” was shown, her team issued a statement clarifying that she did not authorize that use and does not endorse it.

In the lead-up to the 2020 election, several prominent artists, including Bruce Springsteen, Rihanna, Phil Collins, Pharrell, Neil Young, and Guns N’ Roses, expressed their disapproval of Trump using their music.

David Porter, one of the co-writers of “Hold On, I’m Coming,” reacted when he learned that Trump had played the song at a National Rifle Association rally in 2022, tweeting, “Hell to the NO!” However, Sam Moore, one-half of Sam and Dave, had previously performed “America the Beautiful” at a concert for Trump’s inauguration and indicated in a court statement that he did not support the Hayes estate’s legal actions.

This ruling is only a preliminary decision, and the lawsuit is still ongoing.

The lawsuit filed by Isaac Hayes Jr.’s estate claims that Hayes and Porter owned all rights to the song, including its copyright, and that Isaac Hayes Enterprises currently holds those rights. The lawsuit states that Trump and his campaign began using the song as “outro” music in 2020 at his events and have played it over 133 times since then. Universal Music Group and Warner Chappell, the publishers working with Isaac Hayes Enterprises, sent a cease-and-desist letter to the Trump campaign in 2020.

According to the lawsuit, Trump and his campaign did not ask for permission or obtain a performance license from Hayes’ estate or Isaac Hayes Enterprises until this year. The lawsuit argues that Trump’s use of the song is “false and/or misleading,” exploiting the legacy and fame of Hayes in a way that could mislead the public into thinking there is an endorsement or business relationship between Trump and the plaintiffs.

The lawsuit claims that the plaintiffs have suffered “significant economic damages” as a result of Trump’s unauthorized use of the song and are seeking both actual and punitive damages for each violation.

Attorneys representing Trump and his campaign have argued in court that the Hayes estate and Isaac Hayes Enterprises have not proven their ownership of the copyright or shown any real harm from the song’s use. They claim the campaign obtained a license from BMI Music in November 2022 that allowed them to use “Hold On, I’m Coming.”

Trump’s lawyers also pointed out that the background use of the song in some campaign videos is protected under the fair use doctrine and doesn’t impact the song’s market value.

In a statement to the court, Justin Caporale, the deputy manager for the Trump campaign, said that, “out of respect for the pending litigation,” the campaign will refrain from playing the song at its events.

Sam Moore emphasized in his statement that, while Hayes’ estate is advocating for his legacy, he also has a significant connection to the song as one of its original singers. Moore expressed concern that if the court were to side with the Hayes estate, it might restrict him from performing the song at any Trump events in the future, both during and after the election.