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ATLANTA — In a landmark decision, a federal judge has ruled that former President Donald Trump can no longer use the song “Hold On, I’m Comin'” by the late soul legend Isaac Hayes, Jr. This decision follows a legal battle led by Isaac Hayes III., the son of the iconic musician, and his legal team, who argued that Trump used the song without permission.

Attorney James L. Walker Jr., the lead attorney representing Isaac Hayes III, the Hayes estate, and Hayes Enterprises, announced the court’s decision at a press conference in Atlanta on Tuesday. Moreover, Walker expressed his satisfaction with the ruling, emphasizing its significance for protecting artists’ rights. 

“Donald Trump has been barred from ever playing the music of Isaac Hayes again,” Hayes III said at a press conference outside of the courthouse. “I want this to serve as an opportunity for other artists to come forward that don’t want their mush used by Donald Trump or other political entities and continue to fight for music artists rights and copyright,” he added. 

Isaac Hayes III and Family Defends Legacy Against Unapproved Use by Trump Campaign

The case began after Trump used “Hold On, I’m Comin'” at the National Rifle Association convention in Houston in 2022, shortly after the Uvalde mass shooting. Isaac Hayes III expressed his displeasure through a tweet, followed by a cease-and-desist letter to Trump’s team. Despite these actions, Trump continued to use the song at multiple campaign rallies over the next two years, prompting the Hayes family to take legal action.

Isaac Hayes III’s father also had seven daughters, emphasizing that his father would not have wanted his music associated with Trump, who has faced numerous accusations of sexual misconduct. “I know my father would not want that man playing his music. That man has been found liable for sexual abuse and some of the things that he says about women, especially Black women and women of color, especially in this election, so we have to take a stand that we want to separate ourselves from someone with Donald Trump’s character. This is not a political issue; it’s a character issue,” Hayes III said.

BMI Issues Cease-and-Desist to Trump in June 2024 for Unlicensed Song Use

BMI issued a formal notice to the Trump 2024 campaign, ordering them to stop using the song “Hold On, I’m Comin'” by Isaac Hayes. Furthermore, the letter, dated June 5, 2024, was sent to Scott Gast of the Trump campaign, informing him that the use ofthe song without a proper license constitutes a breach of the agreement.

During the court proceedings, Trump’s team argued that their use of the song was protected as political speech. However, the judge dismissed this argument, focusing instead on the infringement of intellectual property rights. “This judge understood copyright law and made it clear: if you don’t have a license, you can’t use the music,” Walker said. 

The ruling sends a powerful message that copyright laws must be respected, regardless of one’s status or political position. “The judge made it very clear that Trump and his team do not have a license to use this music. This case is about upholding the law and protecting the rights of artists,” Walker emphasized.

This directive comes after repeated unauthorized uses of the song at Trump rallies, despite earlier cease-and-desist requests. Broadcast Music, Inc. (BMI) emphasized that the Trump campaign’s continued use of the song not only violates copyright law but also the specific terms of their licensing agreement.

The court’s decision was a preliminary injunction to prevent Trump from using the song further while the case proceeds. The next steps involve an evidentiary process, during which the Hayes legal team will continue to build their case for copyright infringement.

“The message from the court was clear here — that you have to follow the law. And in Georgia, I think it has been repeatedly said that nobody is above the law; they’re not above copyright law; they’re not above any law. So, I think a message has been sent Today because Mr. Hayes and his family stood up for the rights and legacy of his father, and a message was sent from a federal judge: You must stop using these works without a license,” Attorney Gerald A. Griggs, co-counselor said. 

Isaac Hayes III Speaks Out on Preserving the Integrity of His Father’s Work

Outside the courthouse, Isaac Hayes III expressed his gratitude to the legal team and supporters who stood by them throughout this battle. “Our family has the right to defend and protect our copyright, and we did. This is about maintaining the integrity of my father’s work and ensuring it is not politicized,” he said.

Reflecting on his father’s legacy, Issac Hayes III noted that “Hold on, I’m Comin'” and other songs written by Isaac Hayes, Jr. have played significant roles in American culture, particularly during the civil rights movement. “These songs are part of the soundtrack of the 60s and the civil rights movement. They deserve to be treated with respect and not used for political agendas,” Issac Hayes III. stated.

The Hayes family is determined to continue fighting for their rights as they enter the discovery phase of the legal process. They remain committed to defending Isaac Hayes’ legacy and ensuring that his music is used appropriately and with the respect it deserves.

Court Ruling Sets New Precedent for Protecting Artists Against Unauthorized Use

In a closing statement, Walker reiterated the importance of this case for all artists: “This victory is for every artist who has ever been wronged by unauthorized use of their work. We are proud to have set this precedent and will continue to fight for what is right.”

The ruling marks a significant step forward in the ongoing battle to protect artists’ rights in the music industry. As the case moves forward, we will see how this decision impacts other instances of unauthorized music use in the political arena.

Nehemiah D. Frank is the founder and editor-in-chief of The Black Wall Street Times and a descendant of two families that survived the 1921 Tulsa Race Massacre. Although his publication’s store and newsroom...