On Tuesday, Sept. 3, outside the Richard B. Russell Federal Building in downtown Atlanta, a significant moment in music history unfolded. Judge Thomas Thrash Jr. of the U.S. District Court for the Northern District of Georgia, in a swift and decisive ruling, determined that neither former United States President Donald J. Trump nor his campaign can use the song “Hold On, I’m Coming” without the proper license from the estate of legendary R&B and soul singer Isaac Lee Hayes Jr.
The court ordered Trump to immediately cease all unauthorized use of Hayes’ music. The estate, represented by multiple members of his family in court, including his son Isaac Hayes III and his daughter Heather Hayes, was present during the federal court hearing.
Several members of the Republican Party and affiliate organizations were represented in court including the Republican National Committee (RNC), Donald Trump for President Campaign, The National Rifle Association (NRA), and Turning Point USA, as well as Donald Trump personally. The courtroom was filled with anticipation as Trump’s legal team made their appearance. Although Trump himself was absent, his legal representatives were present to defend the case.
James Walker Jr., representing the Hayes estate, delivered a statement following the ruling. “No one’s ever stood up to Donald Trump like this,” Walker declared. Despite repeated cease-and-desist requests from the estate and notifications from BMI, Trump’s campaign continued to use Hayes’ music at his rallies. “Their theory was to throw something up and hope it sticks,” Walker commented on the defense’s strategy. “But the judge understood the injunction problem, understood Title 17, and understood copyright. You don’t have a license; you can’t use the music,” Walker stated.
The atmosphere in the courtroom was tense, cited Heather Hayes, the daughter of Isaac Hayes, who reflected on the significance of this ruling. The decision not only sets a precedent for the protection of artists’ intellectual property but also marks a significant victory for the Hayes family, who have fought tirelessly to restore the rights that Isaac Hayes lost during his lifetime. “I just think it means that we can finally stand up for our father in ways that he was unable to do when he was here. He lost his rights to a lot of his publishing for 56 years, and now we can stand up for him when he can no longer do it for himself. A lot of other artists need to understand that you have rights as a creator, that people can’t use your music or your IP without a license, and then you can say yes or no. It’s your right to be able to say yes or no, so it’s important. It’s a win. We’re happy,” Hayes exclusively told The Atlanta Voice.
The next steps in the legal process will involve determining the restitution owed to the Hayes estate, a matter that will be addressed in a forthcoming trial.
The initial copyright infringement was filed on August 11, 2024, with no immediate response. However, at Trump’s subsequent rally on Wednesday, August 14, in Asheville, North Carolina; none of Hayes’ music was used before, during, or after the event, according to The Atlanta Voice editor-in-chief Donnell Suggs.