Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music

Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son.

Isaac Hayes III, the Grammy-winning soul music legend’s son, confirmed with The Hollywood Reporter earlier this month that his family sent a Notice of Copyright Infringement, dated Aug. 11, to both Trump and his campaign, writing that the estate plans to file a lawsuit over the GOP candidate’s use of the Sam & Dave hit “Hold On, I’m Comin’” at its rallies. Hayes, whose father co-wrote the 1966 classic with David Porter, told THR that by his count, it’s been used 135 times over the past two years without the former president’s office or campaign team ever making a “meaningful effort” to ask for permission or paying to license the soul classic and that their phone calls to Trump’s company and campaign administrators have gone unanswered, he said.

The complaint filed in an Atlanta court indicates that Hayes’ estate is demanding the cessation of use of the song, removal of all related videos, a public disclaimer, and payment of $3 million in licensing fees. The Attorney handling the case also requested the campaign release an official statement as a disclaimer that the family and Hayes Estate “have not authorized, endorsed or permitted use of the Isaac Hayes Enterprises’ property at any point, now or in perpetuity throughout the universe.”

Last week, U.S. District Judge Thomas W. Thrash Jr. granted Isaac Hayes Enterprises’ motion for an emergency hearing; Thrash is an appointee of former President Bill Clinton. On Friday, Hayes posted on X (formerly Twitter) that the hearing will occur on Sept. 3 in Atlanta. 

Hayes wrote: “The Federal Court has granted our request for an Emergency Hearing to secure injunctive relief. Donald Trump, @realdonaldtrump, the RNC, Trump, Trump for President Inc.  2024, Turning Point and The NRA are required to appear in court September 3rd, 2024 at the Northern U.S. District Federal Court in Atlanta. See you in court.”

While speaking with THR earlier this month, Hayes said he was upset after seeing Trump dancing to his father’s song at a 2022 National Rifle Association rally in Montana that occurred in the wake of the Uvalde school shooting, where 19 children and two adults were murdered. “I was pissed. There’s just been a mass shooting. So why are we using it at the NRA convention?” he said by phone.

In addition to Trump and his campaign, the complaint names the Republican National Committee, SuperPAC Turning Points USA, BTC, Inc., the American Conservative Union and the National Rifle Association over their use of the song, primarily in ads promoting Trump for president. The estate’s complaint indicates that these organizations “have vicariously and/or contributorily infringed on the plaintiff’s copyrights by hosting events and uploading videos where the copyrighted work was played as ‘outro music.’”

James Walker, an attorney representing Hayes’ estate in the case, submitted the Motion For Emergency Preliminary Injunction on Wednesday, court documents indicate. Walker previously told THR that he is very confident that the case will succeed, and added that despite the number of complaints from popular artists that the Trump campaign has used their songs, the amount of time and cost to bring Trump and other accused copyright violators to court have remained a deterrent. Throughout his third presidential bid, Trump and his campaign staff continue to see complaints, including from artists Celine Dion and Beyonce. 

Posting the Affidavit of Service to his Instagram page on Sunday, Walker said for years Trump ignored warnings that the estate would take legal action if he did not stop using the song at his rallies without obtaining the rights.

“I salute @isaachayes3 for being the first artist or representative of an artist estate for standing up,” Walker wrote. “And for those who support Trump, we totally understand but read Title 17 (The Copyright Act of 1976) and understand music licensing and the laws. Also, please recognize we gave him 2 years of warning before this lawsuit was filed and served. It’s not about money it’s about protecting your rights and your family’s legacy and @isaachayes3 and @heatherhayes have done that here.”