A federal judge in Atlanta has ruled that Donald Trump and his campaign must stop using the song “Hold On, I’m Coming” while the family of one of the song’s co-writers pursues a lawsuit against the former president over its use. The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign, and 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 denied a request to force the campaign to take down any existing videos that include the song. Trump’s attorney stated that they have agreed not to use the song going forward and respect the judge’s decision.
Isaac Hayes III, son of Isaac Hayes Jr., expressed his gratitude for the judge’s decision and hopes that it will serve as an opportunity for other artists to come forward about their music being used by political entities like Donald Trump. Several artists, including Celine Dion, Bruce Springsteen, Rihanna, and others, have objected to Trump using their songs during his events. The lawsuit filed by Hayes’ estate states that Trump and his campaign began using the song in 2020 without permission or a valid public performance license, which could mislead the public into believing there is an endorsement or business relationship between the plaintiffs and Trump and his campaign.
The litigation is still ongoing, and Trump’s lawyers argue that Hayes’ estate has failed to prove ownership of the copyright at issue and any harm suffered. The campaign obtained a license from BMI Music in November 2022 to use “Hold On, I’m Coming,” and they claim that its use in campaign videos as background music falls under fair use principles and does not affect the market value of the song. A sworn statement from Trump campaign deputy manager Justin Caporale mentioned that the campaign will no longer play the song at its events out of respect for the pending litigation.
Sam Moore, one of the singers on “Hold On, I’m Coming,” expressed concerns in a sworn statement filed with the court that he might be prohibited from ever appearing and performing the song at a Trump event during or after the election if the court grants the wishes of Hayes’ estate. Moore stated that all licensing for the song is controlled by Universal Music Group Publishing and that his voice, name, and identity are associated with the song as much, if not more, than Isaac Hayes. The lawsuit seeks actual and punitive damages for each proven infringement, alleging significant economic damages to the plaintiffs as a result of Trump and his campaign’s unauthorized use of the song.
Although the ruling is preliminary, it marks a significant development in the ongoing legal battle between Isaac Hayes Jr.’s estate and Donald Trump over the use of “Hold On, I’m Coming.” The judge’s decision to halt Trump’s use of the song is a win for the plaintiffs and a step towards protecting artists’ rights and copyrights. As the lawsuit continues, it remains to be seen how the court will address the claims made by both parties and what impact this case will have on future instances of unauthorized use of copyrighted material by political figures.
