Following a weekend of legal threats against Donald Trump and his presidential campaign, the White House hopeful’s lawyers continue to ignore the family of late soul great Isaac Hayes, as they have reportedly done for years, while Hayes’ son and lawyers representing the Hayes family alleged on Monday that they have tried to block the use of early hit songs written by the singer at rallies and events.
Isaac Hayes III, the son of the Grammy Award-winning soul music legend, confirmed to The Hollywood Reporter in an online post over the weekend that his family plans to sue the Trump campaign over its use of Sam & Dave’s hit “Hold On, I’m Comin'” at rallies. Hayes said that by his count, the soul classic has been used 135 times over the past few years, but the Trump campaign has never asked permission or paid a fee.
The song was the first hit song co-written by Isaac Hayes and was heard at Trump events in Montana as recently as August 9th and, as far back as the 2022 National Rifle Association rally following the Uvalde school shooting that killed 19 children and two adults, according to Hayes’ recollection. Trump’s use of the song to promote guns is especially egregious to Hayes, given the song’s title and the fact that it was performed about 300 miles away from a tragic mass shooting that called into sharp scrutiny the slow response of local police.
“I was upset,” Hayes told THR. “Why would they play this song at an NRA convention after a mass shooting? I wanted to take legal action because of what Trump has said about women and because of the man he’s been convicted of sexually abusing. I have seven sisters and brothers, and I don’t want anyone to hear ‘Hold On’ and think of Donald Trump.”
During Trump’s three presidential campaigns, multiple artists and music groups have made public statements alleging that Trump and his campaign have used their copyrighted music at MAGA rallies and rallies without legal permission, often to pump up crowds or elicit an emotional response. Hayes, Adele, Earth, Wind & Fire, Tom Petty’s estate and John Fogerty have all issued statements calling on the campaign to stop. Last week, Celine Dion also took to social media to disavow the use of “My Heart Will Go On” at rallies.
Under copyright law, a party who feels wronged has a certain time limit to notify the alleged offender and then follow certain procedures. James L. Walker, an attorney representing the Hayes family, said the complaint needed to be filed now so that a lawsuit could be started before the deadline expires.
“Ultimately, I think Isaac Jr. was kind enough to politely ask for it to be taken down. If someone doesn’t respect your time, you have no choice but to take it to court. They said he and the late Hayes’ son were silenced by lawyers for Trump and his administration staff.
But why is Hayes one of the few people threatening to sue former President Trump? Walker said the main reason is the hassle and expense that would be involved if Trump were to return to office in November.
“Most of these artists just don’t want to put in the time, or smaller artists don’t have the funds. Hayes is one of those rare people who understands copyright, knows how to protect himself, knows how to protect his publications, so he knows this as well as anyone else, maybe more,” Walker explained.
Hayes also noted that the estate only acquired the rights to the 1966 classic, in which Trump casually danced onstage with NRA leaders, in 2022. Copyright protection begins 28 years after the work’s first publication and is renewable for an additional 28 years, for a total protection period of 56 years.
As for a potential lawsuit, both Walker and Hayes are confident they could win, with Walker explaining that copyright law is pretty simple and that Trump would lose the lawsuit and have to pay well over $3 billion.
“I expect the song to be removed completely and in the amount requested,” Hayes said, “and that the song should never be used again.”
