Ernie Suggs | (TNS) The Atlanta Journal-Constitution
ATLANTA — A federal judge has ordered Republican presidential nominee Donald Trump to stop using the music of Isaac Hayes during his campaign to regain the White House, although not totally muting the former president.
Judge Thomas Thrash Jr., of the U.S. District Court for the Northern District of Georgia, said in a ruling Tuesday neither Trump nor his campaign can use the song, “Hold On, I’m Coming,” without having the proper license from the Hayes estate.
“(The Hayes Estate) has a right to exercise ownership rights,” Thrash said of his preliminary injunction.
“Donald Trump is barred from ever playing the music of Isaac Hayes again,” said Issac Hayes III, who runs his father’s estate. “I couldn’t ask for a better decision. A lot of artists are not often in this position to stand up for their copyright. But I always want to make sure that we are able to protect my father’s legacy.”
But in a case he called a “muddle,” Thrash denied a request by the Hayes estate to force the Trump campaign to take down any previously recorded uses of the song.
On the steps of the Richard B. Russell Federal Building, both sides claimed victory.
“We are very pleased with the court’s decision,” said James L. Walker Jr., the lead attorney for the Hayes family. “Donald Trump has been told he cannot use the music of Isaac Hayes without a license. That was our number one goal. Now we work on the underlying trial and case.”
Trump’s attorney Ronald Coleman said was pleased with the outcome and not interested in “annoying or hurting anyone.”
“The campaign had already agreed to cease further use,” Coleman said. “We’re very gratified that the court recognized the First Amendment issues at stake and didn’t order a takedown of existing videos.”
The rulings followed a brief hearing in the United States District Court for the Northern District of Georgia, after the Hayes estate sought an emergency injunction to stop the Trump campaign from using the song at campaign events.
According to the Hayes estate, Trump has used the song more than 130 times during campaign events since 2022.
Trump regularly used the song “Hold On, I’m Coming,” and its repeated lyrical refrain of the song’s title, at the end of such events, seemingly portending his potential return to power. He often danced to it.
He last used the song on Aug. 9, at a rally in Bozeman, Montana. Following pressure from the Hayes estate, he recently began ending rallies with the Village People’s “Y.M.C.A.”
Family members of Hayes, who died in 2008, claim they never granted Trump permission to use the song. In court documents, the Hayes estate claimed Trump never “obtained a valid public performance license.”
They are also seeking upward of $3 million and plan to continue with a lawsuit.
Hayes wrote the song in the mid-1960s with his longtime collaborator David Porter. The duo Sam & Dave recorded it in 1966 and watched it peak at number one on the Billboard Hot R&B Singles chart, and number 21 on the Billboard Hot 100.
The song has become an R&B staple and classic.
“My father wrote songs that were the soundtrack to the ‘60s and the Civil Rights Movement,” Hayes III said. “That song is one of the gems of our catalog and it is licensed several times a year. I don’t want this song politicized in any way.”
In court, the Hayes Estate argued that use of the song by Trump could potentially cost them millions of dollars from sponsors and brands, who might shy away from using the song because of its implied association with the twice-impeached former president.
Several artists, including Beyonce, Foo Fighters, and Celine Dion have objected to the use of their music by Trump. Hayes said he hopes that they will soon follow his lead.
“I want this to serve as an opportunity for other artists to come forward that don’t want their music used by Donald Trump,” Hayes III said.
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