ATLANTA (CN) — Attorneys for the family of Isaac Hayes said Tuesday that a federal judge ordered former President Donald Trump to stop using the Hayes song, "Hold On, I'm Coming" in association with his campaign while their lawsuit proceeds through the court.
After a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled Trump can no longer use the song, but he denied a request to force the campaign to take down any existing videos that feature the song.
"We are very grateful and happy for the decision. Donald Trump has been barred from ever playing the music of Isaac Hayes again," the musician's son, Isaac Hayes III, said. "I couldn't have asked for a better decisions.
Hayes, who died in 2008 at age 65, and David Porter co-wrote the 1966 hit popularized by soul duo Sam and Dave.
Trump attorney Ronald Coleman said the campaign had already agreed to stop using the song.
"Most important to us at the moment was the judge, in recognition of really important free speech and political speech interests, acknowledged that it would be an excessively broad use of his injunction power… for him to have issued an order that would have resulted in the campaign being forced to take down videos," Coleman told reporters after the hearing. "So we're very gratified at how that came out."
He added: “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.”
Filed in August, the lawsuit argues that the Trump campaign had infringed the song's copyrights by publicly performing the song at least 135 times at rallies and public appearances starting in 2020. The complaint, filed by the estate of Isaac Hayes, accused the campaign of unlawfully profiting off the reputation and identity of the songwriters.
The family claimed that in 2020 a cease-and-desist letter was sent to the campaign by the publishers of the work: Universal Music Group and Warner Chappell Music. But that the campaign made no effort to contact Isaac Hayes Enterprises, the current owner of the right, title, and interest to the song, to obtain a license to use the material until Aug. 7.
In a response filing, the Trump campaign contended it had obtained a music license for political entities on Nov. 30, 2022 that authorized its use of the song.
The suit comes as a string of other artists and their heirs have objected to Trump using their songs during his events. After a Trump campaign rally in Bozeman, Montana, last month showed a video of Celine Dion performing “My Heart Will Go On,” the singer's team put out a statement saying “in no way is this use authorized.”
Last week alternative rock band The White Stripes threatened to sue Trump over his use of its hit song, "Seven Nation Army."
“Oh….Don’t even think about using my music you fascists,” the band posted on Instagram Thursday after a Trump communications staffer posted a video showing the candidate walking onto a plane as he headed to Michigan.
The Swedish superstars of ABBA also released an official statement and cease-and-desist demand that Trump's team stop using multiple hits including “Money, Money, Money,” “The Winner Takes it All,” and “Dancing Queen,” that were all used without permission. The group also requested that all footage containing their hits be removed from any platforms where they appear.
Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, The Rolling Stones, Panic! at the Disco, R.E.M. and Guns N’ Roses all condemned the unauthorized use of their songs by Trump ahead of the 2020 election.
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