The Trump campaign will have to select another song on its playlist.
That’s because a federal judge ruled that neither Donald Trump nor his campaign can use the song “Hold On, I’m Comin’.”
Atlanta-based U.S. District Judge Thomas Thrash ruled the Republican presidential nominee can no longer use the song after the estate of Isaac Hayes Jr. filed a lawsuit last month for copyright infringement, Politico reported.
Thrash also rule against the estate in its request for the campaign to take down any existing videos that contain the song.
Hayes and David Porter co-wrote “Hold On, I’m Comin’” — a 1966 hit for the duo Sam and Dave.
Aretha Franklin, Solomon Burke, the Righteous Brothers, Jerry Lee Lewis and the duo of Eric Clapton and B.B. King have also recorded the song.
Hayes died in 2008.
Trump attorney Ronald Coleman said after the hearing the campaign had agreed not to use the song anymore.
“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,” he said.
Isaac Hayes III, Hayes’ son, said he was “very grateful and happy” with the ruling.
“I want this to serve as an opportunity for other artists to come forward that don’t want their music used by Donald Trump or other political entities and continue to fight for music artists’ rights and copyright,” he said.
This is not the first time an artist had not wanted their work to be used by Trump.
Just last month, Celine Dion’s team objected to “My Heart Will Go On” being played on a Trump video at a rally in Bozeman, Montana.
Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddy Grant, Panic! at the Disco, R.E.M. and Guns N’ Roses are other artists who did not want Trump to use their songs before the election in 2020.
Porter had a visceral reaction when he found out Trump had used “Hold On, I’m Comin’” in 2022, tweeting, “Hell to the NO!”
But Sam Moore, of Sam and Dave, said in a sworn statement filed over the weekend that he was against the Hayes’ estate’s decision to take action in court.
While the ruling was made to the song’s use, the litigation continues with the estate asserting Hayes and Porter were the owners of all rights to the song and Isaac Hayes Enterprises currently owns the song.
According to the lawsuit,
Trump and his campaign started using the song in 2020 and has used it at least 133 times.
Permission to use the song was never sought nor obtained by Trump’s campaign until this year.
Use of the song constitutes “false and/or misleading” uses of Hayes’ “widely recognized celebrity and legacy.” This use could lead the public to believe it was an endorsement or business relationship between the the estate and Trump, per the lawsuit.
While the lawsuit claims the estate has “incurred significant economic damages,” Trump’s lawyers claim the Hayes estate and Isaac Hayes Enterprises, have not proven and cannot show any harm was done.
The campaign received a license from BMI Music in November 2022 allowing it to use “Hold On, I’m Comin’,” per a filing.
The song‘s use as background music in campaign videos is protected by the principle of fair use and “cannot possibly have an effect on the market value of the Song,” according to Trump’s lawyers.
