“Donald Trump for President has not had [a] valid license for [nearly] 100 days, and @realDonaldTrump has NEVER had a license.” – @IsaacHayes3
According to media reports, Judge Thomas Thrash Jr. of the U.S. District Court for the Northern District of Georgia ruled from the bench Tuesday that the estate of Isaac Hayes is entitled to a preliminary injunction to stop the Donald J. Trump campaign from using Hayes’ song, “Hold On, I’m Coming” during campaign events.
The family of singer-songwriter Hayes, who died in 2008, and Isaac Hayes Enterprises, became the latest in a growing list of artists who have threatened to sue Trump when it published a letter last month claiming unauthorized use of the song at Trump’s rallies.
Hayes co-wrote the song with David Porter and it was originally recorded in 1966 by R&B duo Sam & Dave. According to the letter, which was sent by the family’s attorney, James Walker, and which the Hayes family posted to X on August 11, the song has been used more than 100 times without authorization, adding up to a “very discounted fee” of $3 million that the family is requesting be paid for the multiple counts of copyright infringement. The family threatened to sue in federal court and seek the full amount of the fees as well as injunctive relief if they did not receive a response by August 16.
The complaint was consequently filed August 16 and charged the Trump Campaign and Trump individually with unlawfully profiting off Hayes’ reputation and identity and the Republican National Committee; Turning Point, USA; the National Rifle Association of America; the American Conservative union and BTC, Inc. with vicariously and contributorily infringing by hosting events where the song was played and uploading infringing videos.
In their latest post on X, the family charged that Trump’s claims to have had a license to the song via Broadcast Music, Inc. (BMI), a collective music licensing organization, are false. The family posted an image of that excludes the song from its contract with Donald J. Trump for President 2024 and said “Donald Trump for President has not had [a] valid license for [nearly] 100 days, and @realDonaldTrump has NEVER had a license. Not to mention the numerous uses before Nov. 30th, 2022.”
At least 35 artists have spoken out against or sent takedown notices to Trump in response to their music being used during his various campaigns. Trump has also come under fire recently for using Celine Dion’s famed song from the Titanic soundtrack, “My Heart Will Go On,” at his rallies. The Canadian singer’s management team and her record label, Sony Music Entertainment Canada Inc., posted a statement to X last month confirming that the singer did not authorize or endorse the use of the song and questioning the decision to use the tune – the theme for a movie about a doomed ship – at a campaign event.
Image Source: Deposit Photos
Author: mikeledray
Image ID: 490006326


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2 comments so far.
xtian
September 4, 2024 12:56 pmI think the issue here is diligence. It is very easy and cheap to obtain a music rights license from BMI for their curated portfolio. People then assume this license pertains to any and all music played at live or recorded events. It is very common then for someone in the sound department grab their Spotify list and play that over the load speakers under the assumption any and all music on Spotify can be played “because we have the BMI license.”
On a more personal level, this comes up in high school sporting events. During a team’s warm-up, a music list is played. No problem, the school has a license. To complicate things, that high school sporting event is now livestreamed and archived on the school’s YouTube site. The BMI license doesn’t apply to “live” events and the school’s YouTube channel get’s dinged for copyright violation by YouTube’s algorithm.
I think it would be a very nice feature or Spotify or Apple music (heck any music streaming platforms) to have a feature where you plug in your BMI license, and only those songs included in the license are available. That would make life much easier!!!
Mark Summerfield
September 4, 2024 07:58 amTime and time and time again politicians are caught out infringing copyright in order to promote their campaigns. Here in Australia we recently had a politician successfully sued by Dee Snyder and Twisted Sister for appropriating their song “We’re Not Gonna Take It”. In the US, parties seem to assume that “free speech” trumps IP rights. It completely negates any claim these people may have for being concerned about protecting IP rights.
An issue seems to arise because creative types are more likely, in general, to be left-leaning. But, hey, the right will always have Kid Rock!