Trump Can’t Dismiss Isaac Hayes Copyright Lawsuit Over Rally Songs, Judge Rules

A federal judge says President Donald Trump must face a copyright lawsuit filed by the estate of Isaac Hayes over the president’s alleged use of the 1966 song “Hold On, I’m Coming” on the campaign trail.

In a ruling issued Wednesday (April 2), court records show that Judge Thomas Thrash Jr. denied a motion by Trump’s attorneys to dismiss the case over “Hold On,” which Hayes co-wrote before it was performed and released by the duo Sam & Dave.

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Seeking the end of the case, attorneys for Trump had argued that the estate of the late soul legend had failed to show that “they even own the rights they claim have been infringed” by the campaign: “They have no copyright, much less a copyright claim.”

But at a court hearing Wednesday, per the Atlanta Journal-Constitution, Judge Thrash said the Hayes estate had done just enough to avoid having the case dismissed at the outset: “I think that the second amended complaint — in spite of all its problems, and there are quite a few — adequately alleges ownership of the work.”

An attorney for the Trump campaign declined to comment. An attorney for the Hayes estate did not immediately return a request for comment.

Hayes’ estate sued Trump last summer, accusing the campaign of using “Hold On” at rallies and in video recordings of those events. The case accused the campaign of infringing copyrights, but also of violating federal trademark law — essentially claiming that the campaign’s use of the song made it appear that Hayes or his heirs had endorsed Trump’s bid to return to the White House.

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The Hayes estate joined many other artists who spoke out against Trump using their music on the campaign trail during the 2024 election. Beyoncé, Celine Dion, the Foo Fighters, ABBA and Sinead O’Connor‘s estate all voiced opposition — some merely with social media posts and others with cease-and-desist letters from their lawyers.

The White Stripes, like the Hayes estate, filed a copyright lawsuit against Trump over his use of their iconic “Seven Nation Army,” though the band later voluntarily dropped it shortly after the election.

Bill Donahue

Billboard