Federal Judge Rules Against Trump’s Unauthorized use of Isaac Hayes’ Music

On Tuesday, Sept. 3, a swift ruling came from Judge Thomas Thrash Jr. of the U.S. District Court for the Northern District of Georgia, determining that neither former President Donald J. Trump nor his campaign can use the song “Hold On, I’m Coming” without proper licensing from the estate of legendary R&B and soul singer Isaac Hayes Jr. The court ordered Trump to immediately cease all unauthorized use of Hayes’ music.

Despite repeated cease-and-desist requests from the Hayes estate and notifications from BMI, Trump’s campaign continued to use the song at rallies, prompting the estate to take legal action. Multiple members of Hayes’ family, including his son Isaac Hayes III and daughter Heather Hayes, attended the federal court hearing. Several members and affiliates of the Republican Party were also present, including representatives from the Republican National Committee (RNC), Donald Trump for President Campaign, the National Rifle Association (NRA), and Turning Point USA.

James Walker Jr., the attorney representing the Hayes estate, commented on the defense’s strategy, saying, “No one’s ever stood up to Donald Trump like this. Their theory was to throw something up and hope it sticks. 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.”

This ruling is a significant victory for the Hayes family, who have fought to restore the rights Isaac Hayes lost during his lifetime. It also sets an important precedent for the protection of artists’ intellectual property.

Heather Hayes shared a statement with the media: “This means we can finally stand up for our father in ways he couldn’t when he was here. He lost the rights to a lot of his publishing for 56 years, and now we can defend him. Other artists need to understand their rights as creators. People can’t use your music or IP without a license, and you have the right to say yes or no. It’s a win. We’re happy.”

Restitution owed to the Hayes estate by Trump will be addressed in a future trial, marking the next phase of this legal process. According to the Hayes estate, Trump has used the song more than 130 times during campaign events since 2022. He last used the song on Aug. 9, at a rally in Bozeman, Montana. Family members of Hayes, who died in 2008, claim they never granted Trump permission to use the song. The Hayes estate is seeking upward of $3 million in their lawsuit.

Hayes III told reporters he was “very grateful and happy” for the judge’s decision. “I want this to serve as an opportunity for other artists to come forward that don’t want their music used by Donald Trump or other political entities and continue to fight for music artists’ rights and copyright,” he said.