(ATLANTA) — 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,” published in 1966, was played at Trump rallies and can be heard in campaign videos that were posted online, according to court documents reviewed by ABC News. The judge did not order that these videos be taken down, according to a statement from Trump representative Ronald Coleman.
“The campaign had already agreed to cease further use,” Coleman told ABC News in a statement. “We’re very gratified that the court recognized the First Amendment issues at stake and didn’t order a takedown of 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 played the song over 150 times without permission, court documents said.
“We won,” Isaac Hayes III posted on Instagram on Tuesday after the hearing. “@realdonaldtrump has been barred from playing @isaachayes music forever.”
The injunction stops the campaign from playing the song pending further proceedings, Coleman told ABC News, and the court would consider a motion for reconsideration based on copyright ownership if appropriate.
“The campaign has a license to play the music through an agreement with BMI and ASCAP,” the Trump campaign said in a statement emailed to ABC News in response to the ruling, referring to performance 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 — have responded to ABC News’ request for statements. Neither sides’ attorneys have responded to ABC News regarding any decision made on money allegedly owed to Isaac Hayes Enterprises.
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, passed away at age 65 in 2008, but his estate is the current owner of right and title to the song, the court documents noted.
After Trump and his campaign played the song in 2020 as “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.
The Donald J. Trump for President campaign, Republican National Committee (RNC), conservative advocacy group Turning Point, National Rifle Association (NRA), American Conservative Union and BTC were named as defendants on the complaint filed by Isaac Hayes Enterprises last month, for hosting events and uploading videos where the song was played, according to court documents.
The motion was withdrawn on Tuesday by Hayes Enterprises as to Turning Point, NRA and RNC, the court noted.
Hayes is part of a group of musicians who have called for Trump to stop playing their music at his events, which include Beyoncé, the Foo Fighters, Jack White and Celine Dion.
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