Federal judge hands Isaac Hayes’ estate an early win in lawsuit against Trump campaign over classic song played at rallies

Left: Isaac Hayes III outside a federal courthouse in Atlanta, Georgia, on Sept. 3, 2024 (AP Photo/Kate Brumback). Right: Donald Trump (AP Photo/Julia Nikhinson, Pool).

After the estate of Isaac Hayes sued the Trump campaign and the Republican National Committee for playing the classic song “Hold On, I’m Coming” at rallies, claiming unauthorized use, a federal judge in Atlanta, Georgia, has handed the plaintiff a preliminary win.

Senior U.S. District Judge Thomas Thrash, Jr., heard from the parties for nearly an hour and a half on Tuesday before partly granting Isaac Hayes Enterprises LLC’s request for an injunction, blocking the campaign from using the song but not going so far as to order the removal of videos where the song can be heard.

The Associated Press, citing Trump campaign attorney Ronald Coleman, reported that the campaign wasn’t going to try to “force the issue” on the use of the song and was already going to stop playing it.

“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 reportedly said.

Isaac Hayes III, the singer’s son who announced the lawsuit in early August, said that he hopes the case will inspire “other artists.”

“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,” Hayes said.

On Wednesday, attorneys for Trump, the Trump campaign, and the Republican National Committee argued that the injunction blocking the use of the song means a scheduled Thursday deposition of BMI should not occur “until the opening of discovery in this matter.” BMI is the music licensing company that the defendants’ said issued a “Music License for Political Entities or Organizations” in 2022, allowing the campaign to use “Hold On, I’m Coming.”

“[N]ow that this Court has ruled on Plaintiffs’ Emergency Motion for Preliminary Injunction, there is no plausible need for expedited discovery,” the campaign argued. “While the Emergency Motion for Preliminary Injunction remained pending, the expedited discovery might have served a purpose—as a method for Plaintiffs to obtain documents in advance of the ruling on the motion for preliminary injunction, or in the event the Court deferred ruling on the motion for preliminary injunction until some date after the deposition. But those potential bases for expedited discovery no longer exist.”

Over the weekend, the Trump campaign attempted to make the case that the use of the 1966 Sam and Dave song “Hold On, I’m Coming,” which Hayes co-wrote, may not have offended the late singer.

A declaration from Sam Moore, the 88-year-old surviving member of Sam and Dave, said “there is good reason for it to reject the presumptions suggested by the plaintiffs concerning the political views of Isaac Hayes.”

“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,” the declaration submitted by the campaign said. “Isaac did not view Republicans or the Republican Party negatively while he was alive.”

But Hayes III, for his part, was adamant in a radio interview that there is “no” chance the Hayes estate would have approved the song for use.

“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,” he added. “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.”

Colin Kalmbacher contributed to this report.

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Federal judge hands Isaac Hayes’ estate an early win in lawsuit against Trump campaign over classic song played at rallies

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Federal judge hands Isaac Hayes’ estate an early win in lawsuit against Trump campaign over classic song played at rallies

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