A federal judge in Atlanta on Tuesday issued a temporary injunction ordering Donald Trump and his campaign to stop using a song co-written by the late musician Isaac Hayes at their events.
The song “Hold On, I’m Coming,” released in 1966, has been played at Trump rallies and can be heard in campaign videos posted online, according to court documents seen by ABC News. The judge did not order the videos removed, according to a statement from Trump representative Ronald Coleman.
“The campaign had already agreed to cease all use,” Coleman told ABC News in a statement. “We are very pleased that the court recognized the First Amendment issues and did not order the removal of the existing videos.”
Isaac Hayes III, Hayes’ son, said in a social media post last month that he was demanding $3 million in licensing fees from Trump and his campaign for unauthorized use of the song “Hold On, I’m Coming.” Trump and his partners have played the song more than 150 times without permission, according to court documents.
Isaac Hayes performs at the Chronicle Pavilion on August 1, 2004 in Concord, California.
Tim Mosenfelder/Getty Images
“We won,” Isaac Hayes III posted on Instagram Tuesday after the hearing. “@realdonaldtrump is banned from playing @isaachayes music forever.”
The injunction prevents the campaign from releasing the song pending further proceedings, Coleman told ABC News, and the court would consider a motion for reconsideration based on copyright ownership if necessary.
“The campaign has a license to broadcast the music through an agreement with BMI and ASCAP,” the Trump campaign said in an emailed statement to ABC News in response to the decision, referring to performing rights groups Broadcast Music Inc. and the American Society of Composers, Authors and Publishers.
Neither Isaac Hayes III nor attorneys for Isaac Hayes Enterprises — the company that handles licensing for Hayes’ estate — responded to ABC News’ request for comment. Attorneys for both sides did not respond to ABC News regarding a decision on how much money Isaac Hayes Enterprises is owed.
The song was popularized by the music duo Sam & Dave in 1966 and reached No. 21 on the Billboard Hot 100 at the time, according to court documents. Hayes, who wrote the song with David Porter, died at age 65 in 2008, but his estate is the current owner of the rights and title to the song, court documents state.
Former President Donald Trump, Republican presidential candidate, arrives at a campaign event, Friday, Aug. 30, 2024, in Johnstown, Pa.
Alex Brandon/AP
After Trump and his campaign played the song in 2020 as the “outro” music at one of their events, a cease and desist letter was sent to the Trump campaign on behalf of Isaac Hayes Enterprises, according to court documents.
Donald J. Trump’s presidential campaign, the Republican National Committee (RNC), conservative advocacy group Turning Point, the National Rifle Association (NRA), the American Conservative Union and BTC were named as defendants in the lawsuit filed by Isaac Hayes Enterprises last month, alleging that it hosted events and uploaded videos featuring the song, according to court documents.
The motion was withdrawn Tuesday by Hayes Enterprises regarding Turning Point, NRA and RNC, the court noted.
Hayes is among a group of musicians who have asked Trump to stop playing their music at his events, including Beyoncé, the Foo Fighters, Jack White and Celine Dion.
