An Atlanta judge has ordered Donald Trump and his campaign to stop using the song “Hold On, I’m Coming” after the family of one of the song’s co-writers filed a lawsuit against the former president over its use.
The estate of singer-songwriter Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and several of his allies had infringed their copyrights and should pay damages.
U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but rejected a request to force the campaign to remove any existing videos that include the song.
Hayes, who died in 2008 at age 65, and David Porter co-wrote “Hold On, I’m Coming,” a 1966 hit by soul duo Sam and Dave.
Ronald Coleman, a lawyer for Trump and his campaign, told reporters after the hearing that the campaign had already agreed not to use the song in the future.
Image: Former US President and Republican presidential candidate Donald Trump speaks during a rally at the 1st Summit Arena at the Cambria County War Memorial in Johnstown, Pennsylvania on August 30, 2024. An Atlanta judge has ordered Donald Trump and his campaign to stop using the song ‘Hold on, I’m Coming’, after the family of one of the song’s co-writers filed a lawsuit against the former president over its use.
Singer, songwriter, actor and musician Isaac Hayes Jr. is shown performing on stage during a live concert on February 11, 2007. Hayes died in 2008.
‘The campaign has no interest in upsetting or hurting anyone, and if the Hayes family feels that it hurts or upsets them, that’s fine, we’re not going to force the issue.’
Coleman added that it was important for the judge to agree that it would be exceeding his power at this point in the litigation to order the campaign to remove the existing videos.
Hayes’ son, Isaac Hayes III, told reporters he was “very grateful and happy” with the judge’s decision.
“I want this to serve as an opportunity for other artists to step forward and say that they don’t want their music used by Donald Trump or other political entities, and to continue to fight for music copyrights and artists,” she said.
Trump has been using the song at his rallies for several years.
When he learned in 2022 that Trump had used “Hold On, I’m Coming” at an NRA rally, Porter tweeted “Hell NO!” But Sam Moore of Sam and Dave had performed “America the Beautiful” at a pre-inaugural concert for Trump and suggested in a court affidavit filed over the weekend by Trump and his campaign that he opposed the action requested by Hayes’ estate.
Tuesday’s ruling was preliminary and litigation is ongoing.
The lawsuit filed by the estate of Isaac Hayes Jr. and Isaac Hayes Enterprises says that Hayes and Porter owned all rights to the song, including the copyright, and that Isaac Hayes Enterprises is the current owner.
The lawsuit says Trump and his campaign began using the song in 2020 as “outro” music for his appearances and campaign events and have used it at least 133 times since then.
Universal Music Group and Warner Chappell Music, publishers contracted to Isaac Hayes Enterprises, sent a cease and desist letter to the Trump campaign in 2020, it says.
Several artists and their heirs have objected to Trump using their songs during campaign events.
Last week, members of Swedish pop group ABBA called on Trump to stop using their music and videos at his campaign rallies, the band’s record label said.
The calls came after ABBA hits including “The Winner Takes It All,” “Money, Money, Money” and “Dancing Queen” were played at a rally held by Trump and his running mate JD Vance on July 27 in Minnesota, accompanied by videos.
Several artists and their heirs have objected to Trump using their songs during campaign events. Last week, Swedish band ABBA asked Trump to stop using their music and videos at his campaign events.
“Together with the members of ABBA, we have discovered that videos have been posted in which ABBA’s music has been used at Trump events, and have therefore requested that such use be removed and taken down immediately,” the band’s record label, Universal Music, said in a statement.
He said no permit or license had been granted to the Trump campaign.
Garage rock musician Jack White also recently criticized the Trump campaign for releasing a music video that featured a song by The White Stipes, the band he was a member of until 2011, writing on Instagram: “Oh… Don’t even think about using my music you fascists,” and even threatening to sue the former president.
Additionally, after the Republican presidential candidate’s campaign rally in Bozeman, Montana, last month, which included a video of Celine Dion performing her signature power ballad “My Heart Will Go On,” her team issued a statement indicating that the singer did not endorse the use of her song.
Additionally, prior to the 2020 election, Bruce Springsteen, Rihanna, and other iconic singers and bands including Phil Collins, Pharrell, Neil Young, Panic! at the Disco, and Guns N’ Roses opposed Trump using their songs.
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