As reported by BBC, the estate of late soul legend Isaac Hayes is taking a firm stance against Donald Trump's use of Hayes' classic hit "Hold On, I'm Coming" at campaign rallies. In a letter sent to former President Trump and his team, the Hayes family threatened legal action if the former President did not cease and desist by August 16th. The family is also seeking $3 million in licensing fees for the campaign's repeated use of the song between 2022 and 2024.
"Hold On, I'm Coming," famously recorded by Sam and Dave, has been a staple at Trump rallies, often playing before and after his speeches. Hayes co-wrote the song with David Porter in 1966 during his time as a staff writer at Stax Records. He went on to win Grammys and an Oscar, with hits like "Shaft" and "Walk On By."
According to their legal letter, the Hayes family has "asked repeatedly" for Trump to stop using the song, citing 134 instances where the campaign ignored their requests. Their lawyer, James Walker, alleged that the Trump campaign has "wilfully and brazenly engaged in copyright infringement."
Walker is demanding that the campaign remove any videos featuring the song and issue a statement acknowledging that the Hayes family has not "authorized, endorsed or permitted" the use of his music. He notes that the requested $3 million settlement is "heavily discounted" due to the frequency of the song's use.
The letter warns that if a resolution is not reached and a lawsuit is filed, the Hayes family will seek damages of $150,000 per use of the song - totaling over $20 million.
The Hayes family previously spoke out against Trump's use of "Hold On, I'm Coming" at a National Rifle Association convention, less than a week after the Uvalde school shooting in 2022. "Our condolences go out to the victims and families of Uvalde and mass shooting victims everywhere," they wrote at the time.
Porter, the song's co-writer, also stated: "I did not and would not approve of them using the song for any of his purposes." Sam Moore, who sang the original hit recording, also objected to Barack Obama using the song in his 2008 presidential campaign. "I have not agreed to endorse you for the highest office in our land," he said at the time. "My vote is a very private matter between myself and the ballot box."
Isaac Hayes III elaborated on his objections to the Trump campaign. "Donald Trump epitomises a lack of integrity and class, not only through his continuous use of my father's music without permission but also through his history of sexual abuse against women and his racist rhetoric," he wrote on Instagram.
"This behavior will no longer be tolerated, and we will take swift action to put an end to it."
The Hayes family joins a long list of musicians who have protested the Trump campaign's use of their music, including The Beatles, Neil Young, Adele, Bruce Springsteen, Sinead O'Connor, and Aerosmith. Celine Dion's team also recently objected to the use of her track "My Heart Will Go On" at a rally in Montana. "In no way is this use authorized, and Celine Dion does not endorse this or any similar use," a statement read. "And really, THAT song?" - alluding to the fact that the track was recorded for the film Titanic, about a sinking ship.
However, musicians have had limited success in stopping politicians from using their music. In the US, it is necessary that campaigns acquire a Political Entities License from the music rights body BMI in order to gain access to the 20 million+ tracks available for use in their rallies. Artists and publishers can request their music be removed from the list, but it seems that organizers rarely check the database to confirm they have clearance.
"They don't care as much about artists' rights as perhaps you'd want," said Larry Iser, a lawyer who represented Jackson Browne when he sued Republican candidate John McCain for using one of his songs in a 2008 commercial. (The case was later settled). "It's not just the Trump campaign," Iser told Billboard magazine. "Most political campaigns aren't keen about just taking the song down."
Cases rarely find their way to court - with both parties typically backing down after a slew of legal letters.
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