Siding with the estate of Isaac Hayes, a federal judge has issued a temporary order prohibiting former President Donald Trump and his campaign from playing the singer’s “Hold On, I’m Coming” at rallies.
Weeks after Hayes’ heirs accused Trump of using the song without a license, Judge Thomas Thrash Jr. granted the estate a preliminary injunction on Tuesday (Sep. 3): “I do order Trump and his campaign to not use the song without proper license,” the judge said at a hearing, as reported by CNN.
The judge’s order bars the campaign from continuing to publicly perform the song at future rallies while the case plays out, according to CNN, but the judge denied a request for a more expansive order that would have forced the campaign to pull down videos of rallies in which the song can be heard.
An attorney for the Hayes estate did not immediately return a request for comment. An attorney for Trump confirmed that the order was issued, though he stressed that the campaign had already agreed to stop using the song at rallies.
Hayes’ estate sued Trump last month, accusing the campaign of using “Hold On” at rallies and in video recordings of those events. Hayes co-wrote the 1966 song, which was performed and released by the duo Sam & Dave.
Every four years, artists complain about the use of their music by politicians — often with mixed results. But the 2024 campaign season has seen a particular outburst of gripes about music used by Trump. Beyoncé, Celine Dion, the Foo Fighters, Jack White, ABBA and Sinead O’Connor‘s estate have all spoken out against the former president’s use of their songs — some merely with social media posts and others with cease-and-desist letters from their lawyers.
The Hayes estate went a step further, filing a federal lawsuit on Aug. 16 against Trump, his campaign, the Republican National Committee and others. The case accused the campaign of infringing copyrights, but also of violating federal trademark law — essentially claiming that the campaign’s use of the song made it appear that Hayes or his heirs had endorsed Trump’s bid to return to the White House.
The campaign has claimed that its use of Hayes’ song was covered by a so-called blanket license it purchased from BMI, which grants political campaigns the legal right to perform millions of different copyrighted songs at rallies. But the Hayes estate says it withdrew the song from that catalog in June — and that the Trump campaign was notified of the change in writing. It’s also unclear if such a license would cover the use of the song in video recordings of the rallies.
The flurry of complaints against Trump is nothing new. In past election cycles, the Rolling Stones, Neil Young, Bruce Springsteen, Adele, Rihanna, Aerosmith, Guns N’ Roses, Linkin Park, and the estates of Prince and Tom Petty have all asked the Republican candidate to stop using their music.
