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).
Donald Trump‘s presidential campaign over the weekend responded to a lawsuit filed by the estate of soul musician Isaac Hayes over allegations the candidate has been using the 1966 Sam and Dave song “Hold On, I’m Comin’” at campaign events without permission.
Isaac Hayes III, the son of the late songwriter — who co-penned the song with David Porter — announced the lawsuit in early August.
Last week, a federal judge in Georgia set an emergency hearing after the estate requested an emergency injunction to stop Trump, and various related entities, from using the song.
On Saturday, in a 23-page filing, Trump’s campaign argued that Hayes’ estate “failed to meet any of the well-established requirements on which the extraordinary relief of a preliminary injunction must be grounded.” Central to the defense’s argument is the claim that Hayes’ estate does not even own the copyright to the disputed song.
In their $3 million complaint, Isaac Hayes Enterprises LLC alleges the former president “unlawfully profited off [Hayes’] reputation and identity” by using the hit song at rallies in violation of federal law. The complaint alleges 134 total counts of copyright infringement and demands Trump make good on the unpaid licensing fees — which equate to some $150,000 per unauthorized performance.
The Trump campaign, however, says the Hayes estate has “not even made a prima facie showing that they own the copyright at issue.”
“Following a number of transactions over the decades, during which the rights to ‘Hold On, I’m Coming’ were held or purchased by various publishers, they ended up being split between Universal Music Group Publishing (UMPG), which owns the majority of the rights, and Warner Chappell Music Publishing,” the Trump campaign motion reads. “For this reason, all licensing in commerce of ‘Hold On, I’m Coming,’ including for commercials, movies, or television as a work protected by copyright, is controlled exclusively on behalf of UMPG and Warner Chappell by UMPG as the majority holder of the copyright interest.”
The Trump legal team buoyed its filing with a declaration from Sam Moore — the 88-year-old surviving member of Sam and Dave.
Moore traces the convoluted copyright history of the tune:
There is no dispute that that song was co-written by Isaac Hayes and his then-partner in writing, David Porter, in late 1965. They assigned their rights to STAX in 1966 …
After a dispute between STAX and Atlantic, all the master recordings created during the distribution agreement with Atlantic became the property of Atlantic …
For this reason, all licensing in commerce to this day, anywhere in the world, for the use of the composition — words and music — of “Hold On, I’m Coming,” including for commercials, movies, or television as a work protected by copyright, is controlled exclusively on behalf of UMPG and Warner Chappell by UMPG as the majority holder of the copyright interest.
To that end, Trump’s campaign argues, they actually do have the proper license — a Music License for Political Entities or Organization they obtained from BMI in 2022.
“Plaintiffs’ complete omission of this fact, of which they are well aware, from the allegations of the Amended Complaint raise serious questions about not only the factual issue but their candor toward this Court,” the Trump filing reads.
The Moore declaration goes even further to support the Trump campaign’s claims — essentially arguing that Hayes himself was, at the very least, sometimes sympathetic to Republicans.
“I wish to bring to the Court’s attention that there is good reason for it to reject the presumptions suggested by the plaintiffs concerning the political views of Isaac Hayes,” Moore says. “In fact, during his life Isaac Hayes, my wife Joyce and I traveled to Columbia, South Carolina to perform at the 20th High School Reunion of Lee Atwater when he was Chairman of the Republican National Committee. Isaac also participated in an album project for Lee Atwater with Billy Preston, Chuck Jackson, Carla Thomas and myself. Isaac did not view Republicans or the Republican Party negatively while he was alive.”
Last week, U.S. District Judge Thomas W. Thrash, Jr. granted the plaintiffs’ motion for an emergency hearing, and scheduled the appearance for Sept. 3 at 10 a.m.
In an email to Law&Crime, attorney James L. Walker, Jr., who represents the Hayes estate, said his clients were grateful the court granted the motion to request an emergency hearing.
“We look forward to seeing Mr. Trump and his representatives in Federal Court on September 3rd,” said Walker. “Thou Shalt Not Steal!”
In a separate 11-page motion in opposition to the emergency injunction request filed on Sunday, Turning Point USA suggests it was improperly added as a defendant to the ongoing lawsuit.
In the lawsuit, Hayes’ estate accuses Turning Point of hosting six events during which the song was played without authorization.
“TPUSA did not host or sponsor Defendant Trump’s speech or appearance at any of the noted events,” the organization’s motion reads. “Plaintiffs also provide six (6) corresponding and functioning links to various websites that they claim support their allegations. None of these links, however, lead to any videos uploaded by TPUSA.”
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