'Show Us the License': Hayes Estate Says Trump Illegally Playing Soul Classic 'Hold On, I'm Comin'' at Rallies
Plaintiffs in the Georgia suit contend that the former president has illegally used "Hold On, I'm Comin'" since 2020 and are challenging the campaign to show the license it claims to have.
August 30, 2024 at 09:24 AM
By Michelle Morgante
What You Need to Know
- Isaac Hayes co-wrote the song, which became a hit for duo Sam & Dave in 1966.
- Plaintiffs contend that permission for the campaign to use the song was revoked.
- U.S. District Judge Thomas Thrash will hold an injunction hearing in Atlanta.
The estate of musician Isaac Hayes will go before a federal judge in Atlanta on Tuesday to press former President Donald Trump to stop playing the soul classic "Hold On, I'm Comin'" at political rallies.
A complaint filed by Georgia attorneys James Walker and Gerald Griggs on Aug. 16 alleges that the Trump campaign has willfully violated the copyright held by Isaac Hayes Enterprises and the estate of the Rock & Roll Hall of Fame performer, who died in 2008.
It alleges that the campaign has played the song, which was co-written by Hayes and David Porter and was a top hit for the singing duo Sam & Dave in 1966, more than 150 times in violation of the plaintiffs' copyright.
Political campaigns often obtain a blanket-use license for a collection of songs through a performing rights organization such as Broadcast Music Inc. or the American Society of Composers, Authors and Publishers, known as ASCAP.
BMI's political entities license, for example, authorizes the public performance of more than 22.4 million musical works in its repertoire, according to its website. Songwriters and publishers, however, can choose to exclude their works from such a license.
In an emailed statement, a Trump campaign spokesperson said Thursday that the campaign had a license to play the song through an agreement with BMI and ASCAP.
Walker and BMI, however, said that that is not the case.
BMI said Thursday that it had removed the song from the Trump campaign's political entities license, but declined to specify when that had happened.
A BMI spokesperson said that it had "notified the Trump campaign that they no longer had authorization to use that song and any use of it moving forward would be in breach of our licensing agreement."
As for ASCAP, Walker said Thursday that his plaintiffs do not work with the organization and called on the defendants to prove they have permission to use the song. ASCAP did not respond to a request for comment.
"BMI clearly told you they don't have a license, and we're clearly telling you they don't have a license," Walker said in a phone interview. "It's not our job to prove you have a license. It's your job, if you're the licensee, to turn over a license when you are caught using an illegal copyright."
"If you say you have a license, show us," he said.
According to the suit, the Trump campaign began using the song during public events in 2020, which led Universal Music Group and Warner Chappell Music to send a cease-and-desist letter on behalf of Isaac Hayes Enterprises.
Use of the song continued, however, and, Walker noted, the campaign continues to violate plaintiffs' rights by allowing the song to be part of posts on social media platforms.
While many artists have publicly objected to use of their songs by political campaigns, the decision is ultimately up to whoever holds the rights to the song, Walker said.
In most instances, he said, the artist has signed away their rights. "So, they hear their song in a movie or at a rally. They're upset. They don't want that movie or that rally or that performer or whoever to sing or use or exploit their copyright," he said.
"But the problem is they don't usually understand it's because of the way they did business. It's too late. It's too late," he said. "The great news here is [Hayes's son] Isaac Hayes III, he owns it. So when you own it, you can do what he is doing, which is shutting down people that he doesn't want to use or exploit his father's music. He has that right."
The complaint names as defendants Trump, the Trump presidential campaign, the Republican National Committee and four organizations that hosted events where the song was publicly performed—Turning Point USA, the National Rifle Association of America, American Conservative Union and BTC Inc.
Brian Lea of Jones Day appeared Wednesday on behalf of the RNC. Pro hac vice applications were entered for Jones Day partners Anna Raimer and John Froemming. Counsel for the other defendants have yet to appear.
Messages sent to Lea, Raimer and Froemming seeking a comment were not answered Thursday. The RNC did not respond to a request for comment.
Aside from its statement saying that it had licensed the song through BMI and ASCAP, the Trump campaign offered no other comment.
The injunction hearing will be held before U.S. District Judge Thomas Thrash on Tuesday.
The complaint alleges that the defendants have willfully infringed on the plaintiffs' rights, diluted the value of the copyright and are guilty of false endorsement and false advertising. In addition to the request for injunctive relief, the plaintiffs are seeking statutory and actual damages and destruction of all copies of videos of the alleged infringement. It also seeks exemplary damages for misappropriation that it said was willful and malicious.
"It'd be one thing to say, 'It was an accident. We didn't know you own the song,'" Walker said. "But if I told you this, 'Mr. Trump, we own this song. We prefer you not to use it at your rallies,' and you still use it? You've got to be crazy."
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