Over the weekend, after a lawsuit was threatened against Donald Trump and his presidential campaign, the attorneys for the White House candidate have continued to disregard the family of the late soul legend Isaac Hayes, as they allegedly have for years.
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| Isaac Hayes III attends the 2024 Black Effect Podcast Festival at Pullman Yards on April 27, 2024 in Atlanta, Georgia. (Photo by Paras Griffin/Getty Images for iHeartMedia and The Black Effect Podcast Network ) Photo by Paras Griffin/Getty Images for iHeartMedia and The Black Effect Podcast Network |
In the meantime, the artist’s son and a lawyer representing the Hayes family have sought to prevent the use of an early hit song written by the singer at rallies and events, both stated on Monday.
Isaac Hayes III, son of the Grammy-winning soul music icon, confirmed to The Morfeli Reporter what he had posted online over the weekend — that the family intends to file a lawsuit against the Trump campaign for using the Sam & Dave hit “Hold On, I’m Comin’” at its rallies.
Hayes noted that, by his count, the song has been used 135 times over the years without Trump’s team ever seeking permission or paying to license the soul classic.
The track, which marked Isaac Hayes' first major hit as a co-writer, was played as recently as August 9 at a Montana event for Trump, and, as Hayes recalled, it was also used at a 2022 National Rifle Association rally following the Uvalde school shooting, where 19 children and two adults were tragically killed.
Trump ending his speech with that particular track, even dancing to it, is especially offensive to Hayes. The song's title and its use just 300 miles from the site of the devastating mass shooting, which highlighted the slow response of local police, deeply irritates Hayes, especially when it's used to promote guns.
"I was furious," Hayes told Morfeli. "There had just been a mass shooting. So why is it being used at the NRA convention? I wanted to take legal action because Trump has made derogatory statements about women, and this is a man convicted of sexual abuse. I'm the brother of seven sisters, and I don't want anyone to associate 'Hold On' with Donald Trump."
Throughout his three campaigns, numerous artists and musical groups have publicly condemned Trump and his campaign for using their copyrighted songs at MAGA rallies and campaign events without legal authorization, often to energize crowds or evoke emotional responses.
Like Hayes, Adele, Earth, Wind & Fire, Tom Petty's estate, and John Fogerty have all issued statements demanding the campaign stop this practice. Just last week, Celine Dion also took to social media to denounce the use of "My Heart Will Go On" at a rally.
Under copyright law, a party that feels wronged has specific time constraints to notify the alleged offender and then must proceed with certain legal actions. James L. Walker, the attorney representing the Hayes family, emphasized that the complaint needs to be filed promptly to ensure the case begins before the statute of limitations expires.
"Ultimately, I believe Isaac [Jr.] has been quite reasonable in politely asking for the song's removal. But when someone disregards your request, you're left with no choice but to take the matter to court," Walker said. Both he and the late Hayes' son received complete silence from Trump's legal team and administrative staff, they noted.
But why is Hayes one of the few willing to threaten a lawsuit against the former president and current candidate for the November election? According to Walker, it's primarily due to the hassle and the significant financial cost of taking Trump to court.
"Most artists either don't want to spend the time or, in the case of smaller artists, don't have the financial resources. Mr. Hayes is in that rare category where he understands copyright law and knows how to protect his work and his publishing rights. So he’s as knowledgeable about this as anyone, if not more so," Walker explained.
Hayes also mentioned that it was only in 2022 that the estate obtained the rights to the 1966 classic that Trump danced to on stage with the NRA's top officials. Copyright protection starts with the initial publication of the work and lasts for 28 years, which can be renewed for an additional 28 years, giving a total protection period of 56 years.
Regarding the potential lawsuit, both Walker and Hayes are confident in their chances of winning. Walker noted that copyright law is relatively clear-cut, and Trump would likely lose the case and face penalties exceeding $3 billion.
“I expect a complete removal of the song and the amount requested,” Hayes said. “And I want to ensure that song is never used again.”
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