A federal decide in Atlanta dominated Tuesday that former President Donald Trump and his marketing campaign should cease utilizing the track “Maintain On, I am Coming” whereas the household of one of many track’s co-writers pursues a lawsuit in opposition to the previous president over its use.
The property of Isaac Hayes Jr. filed a lawsuit final month alleging that Trump, his marketing campaign and several other of his allies had infringed its copyright and may pay damages. After a listening to on the property’s request for an emergency preliminary injunction, U.S. District Choose Thomas Thrash dominated that Trump should cease utilizing the track, however he denied a request to drive the marketing campaign to take down any current movies that embody the track.
Hayes, who died in 2008 at age 65, and David Porter co-wrote “Maintain On, I am Coming,” a 1966 hit for soul duo Sam & Dave — made up of Sam Moore and the late David Prater Jr.
Ronald Coleman, an lawyer for Trump, informed CBS Information that the previous president and his marketing campaign had already ceased utilizing the track.
“We’re very gratified that the courtroom acknowledged the First Modification points at stake and did not order a takedown of current movies,” Coleman mentioned.
Hayes’ son, Isaac Hayes III, informed reporters he was “very grateful and glad” for the decide’s determination.
“I need this to function a chance for different artists to come back ahead that do not need their music utilized by Donald Trump or different political entities and proceed to battle for music artists’ rights and copyright,” he mentioned.
However an lawyer for the Hayes household, James Walker, mentioned in an announcement to CBS Information that the case “has by no means been about politics.” He mentioned it is about guaranteeing that an artist’s work “is revered and used appropriately, honoring the a long time of effort and artistry that went into constructing their manufacturers.”
A string of artists and their heirs have objected to Trump utilizing their songs throughout his occasions. After a Trump marketing campaign rally in Bozeman, Montana, final month featured a video of Celine Dion performing “My Coronary heart Will Go On,” her staff put out an announcement saying the singer did not endorse that use of her track and saying “under no circumstances is that this use licensed.”
Forward of the 2020 election, Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Younger, Eddy Grant, Panic! on the Disco, R.E.M. and Weapons N’ Roses all objected to Trump utilizing their songs.
When he realized in 2022 that Trump had used “Maintain On, I am Coming” at an NRA rally, Porter tweeted “Hell to the NO!” However Sam Moore, of Sam & Dave, had carried out “America the Lovely” at a pre-inauguration live performance for Trump and advised in a sworn assertion filed with the courtroom over the weekend by Trump and his marketing campaign that he was against the motion sought by Hayes’ property.
Tuesday’s ruling was a preliminary one and the litigation stays ongoing.
The lawsuit filed by the property of Isaac Hayes Jr. and Isaac Hayes Enterprises says Hayes and Porter have been the house owners of all rights to the track, together with the copyright, and that Isaac Hayes Enterprises is the present proprietor.
The lawsuit says Trump and his marketing campaign started utilizing the track in 2020 as “outro” music for his appearances and marketing campaign occasions and has used it at the least 133 instances since then. Common Music Group and Warner Chappell music, publishers contracted by Isaac Hayes Enterprises, despatched a cease-and-desist letter to the Trump marketing campaign in 2020, it says.
Trump and his marketing campaign by no means sought permission or consent from Hayes’ property or Isaac Hayes Enterprises till this 12 months and haven’t obtained a legitimate public efficiency license for it, the lawsuit says. The track’s use by Trump and his marketing campaign constitutes “false and/or deceptive” makes use of of Hayes’ “widely known celeb and legacy” and will deceive the general public into believing there’s an endorsement or enterprise relationship between the plaintiffs and Trump and his marketing campaign, the lawsuit says.
The lawsuit says the plaintiffs have “incurred important financial damages” in consequence and argues that they need to get precise and punitive damages for every confirmed infringement.
Attorneys for Trump and his marketing campaign wrote in a submitting with the courtroom that the Hayes property and Isaac Hayes Enterprises, have failed to indicate that they personal the copyright at concern and can’t present that they’ve suffered any hurt. The marketing campaign obtained a license from BMI Music in November 2022 authorizing it to make use of “Maintain On, I am Coming,” the submitting says.
The truth that the track might be heard as background music in some marketing campaign movies is protected by the precept of honest use and “can not presumably impact the market worth of the Track,” Trump’s legal professionals wrote.
A sworn assertion from Trump marketing campaign deputy supervisor Justin Caporale submitted to the courtroom says that “out of respect for the pending litigation” the marketing campaign will not play the track at its occasions.
In his assertion filed with the courtroom, Moore mentioned Hayes’ property has made his biography and legacy the main focus of the litigation, however that “Isaac’s isn’t the one important biography and legacy concerned on this matter.” As one of many singers on “Maintain On, I am Coming,” Moore mentioned that the general public associates his voice, identify and id with the track “at the least as a lot, if no more, than the identify of Isaac Hayes.”
Moore mentioned all licensing for the track is managed by Common Music Group Publishing.
Moore mentioned he fears that if the courtroom have been to grant the needs of Hayes’ property that he is perhaps prohibited from ever showing and performing the track at a Trump occasion throughout or after the election.
Caitlin Yilek
contributed to this report.
