ATLANTA — Attorneys for the family of Isaac Hayes said Tuesday they obtained a preliminary injunction against former President Donald Trump from playing the Hayes song "Hold On, I'm Coming" in association with his campaign.
The hearing in federal court in Atlanta over a preliminary injunction was the first step in a lawsuit filed by the Hayes family, alleging copyright violations by the Trump campaign for repeated use of the song.
The judge did rule that existing Trump campaign videos featuring the song do not need to be taken down -- simply that, for now, going further the song cannot be used any longer. Attorneys noted that the actual trial process for the lawsuit would establish whether claims that the videos committed copyright infringements, and need to be taken down, were valid or not.
"We are very grateful and happy for the decision. Donald Trump has been barred from ever playing the music of Isaac Hayes again," Isaac Hayes III, the musician's son, said. "I couldn't have asked for a better decisions.
Isaac Hayes III's full comments are available in the video player above this story.
Attorneys for Trump also spoke and highlighted the portion of the judge's decision that videos do not need to come down.
"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," attorney Ronald Coleman said. "So we're very gratified at how that came out."
Full video of his comments is available below.
More on the lawsuit
The legal action first became known in August when Hayes' son took to X and stated that the family was suing Trump and the campaign for 134 counts of copyright infringement for the unauthorized use of the song that garnered widespread success when it was released in 1966.
The letter initially gave a deadline of Aug. 16 to cease use of the song, remove any related videos, and make a public disclaimer and a payment of $3 million. It also mentioned that if they were forced to file a federal lawsuit, they would seek repayment of all profits earned, the maximum statutory damages available -- which is as high as $150,000 per use for willful copyright infringement -- and the recovery of all related attorney's fees and costs.
Following the Aug. 16 deadline, the Estate of Isaac Hayes filed a lawsuit in federal court in Atlanta, where they argued that the campaign had unlawfully publicly performed the song at rallies and public appearances starting in 2020 -- with one of the most recent uses being in August during the rally at the Georgia State Convocation Center.
It alleged that the campaign made no effort to contact them to pursue a license to use the material until Aug. 7 and that back in 2020, there had been a cease-and-desist letter sent to the campaign by the publishers of the work: Universal Music Group and Warner Chappell Music.
"Specifically, and ironically, Trump has spent a lifetime and well over 60 years protecting, expanding and building the Trump name goodwill and brand that his father left him, but refuses to honor, respect and pay for the name, brand, goodwill, intellectual property and business that was left to the Hayes family by their father," an Aug. 21 court filing wrote.
In a response, Trump's attorneys opposed the Hayes' motion for a preliminary injunction by arguing that Isaac Hayes Enterprises doesn't have ownership over the song and that the campaign did receive licensing to play the song at campaign events.
Hayes and David Porter co-wrote the song popularized by the R&B duo Sam & Dave. An Aug. 31 court filing by Trump's attorneys argues that all licensing for the song is controlled by Universal Music Group Publishing and Warner Chappel Music Publishing as the majority holder.
The attorneys also said that the Trump Campaign had a music license with Broadcast Music Inc. (BMI) for political entities that became effective on Nov. 30, 2022, and attached the license in the filing. The campaign had also said that out of respect for the pending litigation, it will no longer play the song at events.
In a Sept. 1 filing, the Hayes family adamantly disagreed with the Trump campaign's filing, saying it was false and that by 2022, Isaac Hayes Enterprises had regained control of the majority of the copyright. The filing also mentioned how Isaac Hayes III, the President and CEO of Isaac Hayes Enterprises, has approved licenses for the song for numerous advertisers from $150,000 to $450,000 per license.
The estate stated that from November 30, 2022, until June 5, 2024, the campaign had a valid political use license for the song. The screenshot above shows a June 5, 2024 letter from BMI to the Trump campaign stating BMI's intent to remove "Hold On, I'm Coming," from the licensing agreement at the request of Porter.
"Despite this termination letter, Mr. Trump and the Trump Campaign have still unlawfully used the Copyrighted Work... since June 6, 2024, nearly three months ago," the new filing states.
The family's attorney, James Walker, also told 11Alive that the estate had been paid through BMI during the course of the time "Hold On, I'm Coming" was part of the agreement, and felt that it didn't add up that it was now being said that they did not own the copyright. Walker stated that the company "Donald J. Trump for President 2024, Inc." had the license and not the former president himself, arguing that he was liable, and so was the company for "willful infringement."
They also accuse the campaign of playing the song 28 times before having a valid license and 18 times after the license was terminated, resulting in 46 unauthorized uses of "Hold On, I'm Coming."
11Alive contacted the campaign's attorneys for comment and is awaiting a response. The federal hearing is set for 10 a.m.
