A federal judge in Atlanta has ordered former President Donald Trump and his campaign to stop using the song “Hold On, I’m Coming” as legal action is taken by the estate of one of its co-writers. The estate of Isaac Hayes Jr. filed a lawsuit last month, claiming that Trump and his allies infringed on their copyright and are seeking damages. Following a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled against Trump’s use of the song, while not mandating the removal of existing campaign videos featuring it.
“Hold On, I’m Coming,” co-written by Hayes and David Porter, became a hit in 1966 for the soul duo Sam & Dave, composed of Sam Moore and the late David Prater Jr. Trump’s attorney, Ronald Coleman, stated that the campaign had already ceased using the song. Coleman expressed satisfaction that the court acknowledged First Amendment concerns and did not require the removal of existing videos.
Isaac Hayes III, the son of the deceased co-writer, expressed gratitude for the ruling, noting he hopes it encourages other artists to protect their rights concerning their music’s use by political entities. However, James Walker, attorney for the Hayes family, clarified that the case is focused on the respect and proper use of an artist’s work rather than politics.
Numerous artists and their estates have protested the use of their music by Trump at campaign events. For example, after a Trump rally in Bozeman, Montana, featured Celine Dion’s “My Heart Will Go On,” her team confirmed that she did not approve of the song’s use in that context. Other notable artists, including Bruce Springsteen, Rihanna, and Neil Young, have similarly objected to their songs being used during Trump’s campaigns.
The ongoing litigation alleges that Trump and his campaign began using the song in 2020 as “outro” music for events and have played it over 133 times since. The lawsuit claims that the Trump campaign did not obtain permission from Hayes’ estate or secure a valid public performance license until this year. They argue that the unauthorized use creates a misleading impression of an endorsement between Hayes’ estate and Trump.
Trump’s legal team argues that the Hayes estate has not sufficiently demonstrated ownership of the copyright or any harm suffered as a result of the song’s use. They also contend that background use of the song in campaign videos falls under the protection of fair use and should not impact the song’s market value.
In a recent court filing, the deputy campaign manager stated that, respecting the ongoing legal proceedings, the campaign would no longer play the song at events. Sam Moore highlighted that he has a significant association with the song and expressed concerns about being barred from performing it at Trump events if the estate succeeds in its lawsuit. The control over licensing for the song remains with Universal Music Group Publishing.