Left: Grammy award winning musician Isaac Hayes in May of 2000 (Scott Weiner / MediaPunch /IPX). Right: Republican presidential candidate former President Donald Trump, left, is introduced alongside Republican vice presidential candidate Sen. JD Vance, R-Ohio, during the Republican National Convention, July 16, 2024, in Milwaukee (AP Photo/Paul Sancya).
The family of the late Grammy Award-winning musician Isaac Hayes says the deadline for Donald Trump to stop using the work of his late father at his rallies — in particular Hayes’ hit song, “Hold On, I’m Coming” — has passed, and now a copyright infringement lawsuit has officially been filed in federal court in Georgia.
“So as of 5:59PM ET The Estate of (Isaac Hayes) has filed a lawsuit in the United States Federal Court, Northern District against Donald J. Trump, the RNC, Donald J. Trump for President, Inc., and several other parties for copyright infringement,” Isaac Hayes III wrote on X on Aug. 16.
The deadline has passed, so as of 5:59PM EST The Estate of @IsaacHayes has filed a lawsuit in United States Federal Court, Northern District against Donald J. Trump @realDonaldTrump, the RNC, Donald J Trump for President, Inc., and a several other parties for copyright… pic.twitter.com/faDMhKkE9i
— Isaac Hayes III (@IsaacHayes3) August 17, 2024
Hayes III said he is suing Trump and other defendants for 134 counts of copyright infringement and that the estate demands the accused pay $3 million for licensing fees or face further legal action.
In an interview with Hayes III for New York radio station WQHT‘s HOT97, the late singer’s son was asked if “there was a world” in which the Hayes estate would have approved the song for use.
The answer was a frank “no.”
“Not in a world that Donald Trump exists, no, not at all,” Hayes III said. “I’ve said this plenty of times, a few things: I’m a brother of seven sisters. Donald Trump has said terrible things about women, terrible things about Vice President [Kamala] Harris. He’s been found liable of sexual abuse. And then on top of that, it’s not political for me. It’s just that the association of that character, of that entity.”
“I don’t necessarily want to inject my father’s music into politics because I feel that, that all types of people around the world love Isaac Hayes so I don’t think his music should be used in a political fashion,” Hayes III also said. “And so, I don’t want that. But Donald Trump is definitely not the person. I don’t want people to hear ‘Hold On, I’m Coming’ and think of Donald Trump at all, in any shape or form.”
James L. Walker, an attorney for Hayes III, did not immediately return a request for comment to Law&Crime on Monday, nor did a spokesperson for the Trump campaign.
The lawsuit alleges Trump and the RNC have used “Hold on I’m Coming” at campaign rallies spanning from 2022 to 2024. The song was originally written by Isaac Hayes and performed by Sam & Dave.
On Sunday, Hayes III addressed critics online who have said certain publishing rights to “Hold On, I’m Coming” do not belong to him.
“The copyright to ‘Hold On, I’m Coming’ expired on March 15, 2022,” Hayes III said on X. “It returned to our family on that date. So what typically happens is, estates sell their publishing or the entire estate to an entity for large sums of money. My family chose not to do so, so we are the ones that own the copyright to ‘Hold On, I’m Coming.’ Think about that. Typically in these situations, it goes a little differently because there are publishing companies involved, and everybody wants to remain neutral, but I don’t have to act like that. I don’t have to follow those rules.”
In addition to Trump, the lawsuit filed in the Northern District of Georgia also names Trump’s presidential campaign, the Republican National Committee, Turning Point USA, the National Rifle Association, the American Conservative Union Inc. and BTC Inc.
Trump has long come under fire for using musicians’ work without their permission. Eddy Grant, singer of the 1980s hit song “Electric Avenue,” sued the Trump campaign in September 2020 and sought to depose Trump’s social media director at the time, Dan Scavino, about its use in an animated clip attacking President Joe Biden.
Just a week ago, when a clip of singer Celine Dion performing “My Heart Will Go On,” the hit anthem from the movie “Titanic” about the sinking of the trans-Atlantic passenger ship, was used at a rally in Bozeman, Montana, Dion’s legal team pounced on the campaign, according to The Associated Press.
“In no way is this use authorized, and Celine Dion does not endorse this or any similar use,” Dion’s legal team said. “And really, THAT song?”
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