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Donald Trump is ordered to stop playing iconic song as judge grants injunction after late singer's family pursued copyright claims
An Atlanta judge has ordered Donald Trump and his campaign to stop using the song 'Hold on, I'm Coming', after the family of one of the song's co-writers pursued a lawsuit against the former president over its use.
The estate of singer and composer Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and several of his allies had infringed its copyright and should pay damages.
U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he denied a request to force the campaign to take down any existing videos that feature 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 and Dave.
Ronald Coleman, an attorney for Trump and his campaign told reporters after the hearing that the campaign had already agreed not to use the song going forward.
Pixctured: Former US President and Republican presidential candidate Donald Trump speaks during a rally at 1st Summit Arena at the Cambria County War Memorial in Johnstown, Pennsylvania, on August 30, 2024. An Atlanta judge has ordered Donald Trump and his campaign to stop using the song 'Hold on, I'm Coming', after the family of one of the song's co-writers pursued a lawsuit against the former president over its use
Singer, songwriter, actor and musician Isaac Hayes Jr. is shown performing on stage during a "live" concert appearance on February 11, 2007. Hayes died in 2008
'The campaign has no interest in annoying or hurting anyone, and if the Hayes family feels that it hurts or annoys them, that's fine, we're not going to force the issue.'
Coleman added that it was important that the judge agreed that it would be overstepping his power at this point in the litigation to order the campaign to take down existing videos.
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 that don't want their music used by Donald Trump or other political entities and continue to fight for music artists' rights and copyright,' he said.
Trump has been using the song at his rallies for several years.
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 and 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 by Trump and his campaign that he was opposed to the action sought by Hayes' estate.
Tuesday's ruling was a preliminary one and the litigation remains ongoing.
The lawsuit filed by the estate of Isaac Hayes Jr. and Isaac Hayes Enterprises says Hayes and Porter were the owners of all rights to the song, including the copyright, and that Isaac Hayes Enterprises is the current owner.
The lawsuit says Trump and his campaign began using the song in 2020 as 'outro' music for his appearances and campaign events and has used it at least 133 times since then.
Universal Music Group and Warner Chappell music, publishers contracted by Isaac Hayes Enterprises, sent a cease-and-desist letter to the Trump campaign in 2020, it says.
Several artists and their heirs have objected to Trump using their songs during campaign events.
Just last week, members of Swedish pop group ABBA asked Trump to stop using their music and videos at his campaign rallies, the band's record label said.
These calls were made after ABBA hits including 'The Winner Takes It All', 'Money, Money, Money' and 'Dancing Queen' were played at a rally held by Trump and his running mate JD Vance on July 27 in Minnesota, accompanied by videos.
Several artists and their heirs have objected to Trump using their songs during campaign events. Just last week Swedish band ABBA asked Trump to stop using their music and videos at his campaign rallies
'Together with the members of ABBA, we have discovered that videos have been released where ABBA's music has been used at Trump events, and we have therefore requested that such use be immediately removed and taken down,' the band's record label Universal Music said in a statement.
It said no permission or license had been granted to the Trump campaign.
Garage rock musician Jack White also recently slammed the Trump campaign for posting a video clip that featured a song from The White Stipes - the band he was a member of until 2011 - writing on Instagram: 'Oh...Don't even think about using my music you fascists', and even threatened to sue the former president.
Also, after the Republican presidential nominee's campaign rally in Bozeman, Montana last month, which featured a video of Celine Dion performing her signature power ballad 'My Heart Will Go On', her team put out a statement stating that the singer didn't endorse the use of her song.
Also, ahead of the 2020 election, Bruce Springsteen, Rihanna, and other iconic singers and bands including Phil Collins, Pharrell, Neil Young, Panic! at the Disco and Guns N' Roses objected to Trump using their songs.