Trump campaign ordered to stop using Isaac Hayes song at rallies after family sues.

By Timmy Mabs | 4th September, 2024

Republican presidential nominee former President Donald Trump arrives at a campaign event, Friday, Aug. 30, 2024, in Johnstown, Pa
Alex Brandon/AP

An order from a judge temporarily barred the use of "Hold On, I'm Coming."

A temporary injunction was issued by a federal judge in Atlanta on Tuesday, directing Donald Trump and his campaign to cease using a song that was co-written by the late artist Isaac Hayes at their events.

According to court documents that ABC News examined, the 1966 song "Hold On, I'm Coming" was played at Trump rallies and can be heard in internet campaign recordings. Ronald Coleman, a spokesman for Trump, released a statement saying that the judge did not mandate the removal of these recordings.

We are quite pleased that the court acknowledged the First Amendment issues at stake and declined to compel the removal of already-posted films, according to Coleman, who also stated that "the campaign had already agreed to cease further use." 

The son of Hayes, Isaac Hayes III, stated on social media last month that he was suing Trump and his campaign for $4 million in unapproved usage of the song "Hold On, I'm Coming." According to court records, Trump and his associates performed the song more than 150 times without authorisation.

Following the hearing on Tuesday, Isaac Hayes III wrote, "We won," on Instagram. "@realdonaldtrump has been barred from playing @isaachayes music forever."

The injunction stops the campaign from playing the song pending further proceedings and the court would consider a motion for reconsideration based on copyright ownership if appropriate.

In response to the ruling, "the campaign has a license to play the music through an agreement with BMI and ASCAP," referring to performance rights groups Broadcast Music Inc and the American Society of Composers, Authors and Publishers.

According to court records, the song was made popular in 1966 by the musical duo Sam & Dave and peaked at No. 21 on the Billboard Hot 100 at that time. Although Hayes, who co-wrote the song with David Porter, died in 2008 at the age of 65, the song's right and copyright are currently held by his estate, according to court filings.

A cease-and-desist letter was submitted to the Trump campaign on behalf of Isaac Hayes Enterprises after the song was played as the "outro" music at one of their events in 2020, according to court filings.

According to court documents, the groups named as defendants in the complaint filed by Isaac Hayes Enterprises last month for hosting events and uploading videos where the song was played were the Donald J. Trump for President campaign, the Republican National Committee (RNC), Turning Point, the American Conservative Union, the National Rifle Association (NRA), and BTC.

The court observed that Hayes Enterprises withdrew the motion regarding Turning Point, the NRA, and the RNC on Tuesday. Along with Beyoncé, Celine Dion, Jack White, and the Foo Fighters, Hayes is among the musicians who have demanded that Trump cease performing their songs at his concerts.