Estate of Isaac Hayes to take Trump to court

Family objects to use of R&B legend’s music on presidential campaign
Hayes at South City Kitchen in Midtown in 1995.

Credit: Charlotte B. Teagle / cteagle@ajc.com

Credit: Charlotte B. Teagle / cteagle@ajc.com

Hayes at South City Kitchen in Midtown in 1995.

A federal judge has granted the estate of legendary R&B singer Isaac Hayes an emergency hearing in the multimillion-dollar demand against Republican presidential candidate Donald Trump over the candidate’s continued use of “Hold On, I’m Coming” on the campaign trail.

The estate, led by Isaac Hayes III, is demanding $3 million for the use of the song, which was cowritten by Hayes. The estate claims Trump has used the R&B classic more than 130 times without permission since 2022.

In the 38-page lawsuit, filed in Northern U.S. District Court, lawyers for the Hayes estate said the use of the song at dozens of events supporting Trump amounts to “false endorsement and/or false advertising and contributory false advertising.”

The hearing is scheduled for Sept. 3 in Northern U.S. District federal court in Atlanta.

The seven-count lawsuit charges Trump, the Republican National Committee, the National Rifle Association, and several other groups with copyright infringement, false advertising, and violation of the late singer’s right to publicity.

“After several years of asking Mr. Trump not to use our copyright or song, we were left with no other alternative than to take legal action,” said Hayes, III, the administrator of his father’s publishing catalog. “We plan to hold him accountable for all of the countless illegal and unauthorized uses in violation of copyright law.”

Hayes III runs Atlanta-based Fanbase, a social media platform that allows creators to get paid faster for their content.

His father, Isaac Hayes, lived in Atlanta from the mid-1970s until 1992. He died in 2008.

Earlier this month, the Hayes estate filed a cease-and-desist order against the Trump campaign over the unauthorized use of the Stax Records classic Hayes and David Porter wrote for the duo Sam & Dave in 1966.

A photograph featured in the documentary “STAX: Soulsville U.S.A.” is captioned as showing musicians Booker T. Jones, David Porter, Al Jackson Jr., Bonnie and Delaney Bramlett, Isaac Hayes and Steve Cropper. (HBO/Warner Bros./TNS)

Credit: TNS

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Credit: TNS

James L. Walker Jr., an attorney for the estate, estimates that Trump has raised millions of dollars by utilizing the music and intellectual property without a license.

“It is ironic that Donald J. Trump Sr. is a man whose father left him a legacy of property, an incredible brand, and worth millions, with property worldwide,” Walker said. “But sadly, Mr. Trump does not respect or honor the legacy and intellectual property that the father of Isaac Hayes III left him so that he too could brand and market and expand the legacy of his father and reap the same financial rewards that Mr. Trump has reaped for six decades.”

The song, when played, is usually played at the end of Trump rallies. At a recent rally in North Carolina, days after the cease-and-desist was filed, the campaign did not play the song. Instead, closing out the rally with “YMCA,” by the Village People.

Throughout his campaign, Trump has butted heads with musical artists who have objected to his campaign using their songs without permission, including Celine Dion, The Rolling Stones, Adele, Rihanna, Queen, Ozzy Osbourne, and the estate of George Harrison.

It happened twice last week. On Aug. 21, Beyoncé's record label and music publisher sent a cease-and-desist notice to Trump’s campaign over its use of “Freedom,” which is being used – with permission – by the Kamala Harris campaign.

On Friday, the band Foo Fighters objected to the use of their 1997 anthem “My Hero,” being used by Trump to welcome Robert F. Kennedy Jr. to the stage in Glendale, Arizona, after the independent presidential candidate suspended his campaign and endorsed the Republican nominee.

Republican presidential nominee former President Donald Trump embraces Independent presidential candidate Robert F. Kennedy Jr. after getting his endorsement at a campaign rally at the Desert Diamond Arena, Friday, Aug. 23, 2024, in Glendale, Ariz. (AP Photo/Evan Vucci)

Credit: AP

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Credit: AP

A spokesman for Foo Fighters said, “appropriate actions are being taken” and that any royalties received as a result of this usage will be donated to the Harris campaign.