A federal court has granted an emergency hearing next month for injunctive relief against Donald Trump, his campaign, and other organizations concerning accusations of copyright violations of a song by the late musician Isaac Hayes, his son has reported.
The court action follows a lawsuit and an earlier warning letter to Trump and his campaign from Hayes’ family and Isaac Hayes Enterprises this month demanding $3 million in damages for 134 “brazen” copyright violations of their use at rallies of “Hold on, I’m Coming,” famously recorded by soul duo Sam & Dave and written by Hayes and David Porter.
The Northern District of Georgia Federal Court in Atlanta has now set an initial hearing date on the suit September 3, said the later singer’s son, Isaac Hayes III, noted Friday.
He also tweeted Sunday: “We will see Donald Trump,” the Republican Party, the National Rifle Association and “several others have used Isaac Hayes copyright illegally over 134 times in court after being warned to stop NUMEROUS times.”
Hayes had written on Instagram earlier following the warning letter that Trump “represents the worst in integrity,” including his “disrespect” of women and “racist rhetoric.”
He added then: “We will now deal with this swiftly.”
Attorney James Walker Jr., who is representing the family, noted on X Sunday: “Imagine if you used Trump’s brand with no permission or payment,” adding: “See ya in court!“
The Trump campaign could not immediately be reached for comment.
Trump has long helped himself to music from musicians, many of whom vehemently oppose his policies, including Tom Petty, Neil Young, Adele, Rihanna, the Rolling Stones, Aerosmith and Elton John — and Prince’s estate in 2019.
Most recently the Foo Fighters, when asked on X if the band had authorized use of its song “My Hero” at Trump’s rally in Arizona Friday, responded simply: “No.”
A spokesperson for the band told CBS News Saturday: “Foo Fighters were not asked permission, and if they were, they would have not granted it.”
Any royalties received as a result of the Trump campaign’s use of the song will be donated to Vice President Kamala Harris and Gov. Tim Walz, the representative noted.
Mike Mills, the bass player for the now-defunct rock band R.E.M., objected to Trump helping himself to “Everybody Hurts” and “Losing My Religion” at his 2020 rallies.
Mills called Trump a “fraud” and “con man,” saying the band does “not condone the use of our music” by him.
It’s not clear if Trump paid attention to the complaints or if he settled any lawsuits over use of songs.
He and the campaign were mocked on Saturday after spectators at Trump’s rally in Bozeman, Montana, were shown a repeat video of the theme song of the “Titanic” movie — “My Heart Will Go On,” sung by Celine Dion.
Dion’s management team and her record label Sony quickly fired off a testy statement warning that “in no way is this use authorized, and Celine Dion does not endorse this or any similar use.”
The statement added archly: “And really, THAT song?”
Trump’s approach to songs is in marked contrast to Harris and Walz.
Harris asked for, and was granted permission to use Beyonce’s song “Freedom” for her campaign (which was finally removed last week from a Trump campaign video followed by complaints from Beyonce’s music publisher).
Similarly, Walz sought and was last week granted permission to play Neil Young’s song “Rockin’ in the Free World,” when he accepted his party’s vice presidential nomination.
Young sued Trump in 2020 for unauthorized use of the same song and another he had written. The outcome could not immediately be determined.
The suit stated that Young “in good conscience cannot allow his music to be used as a ‘theme song’ for a divisive, un-American campaign of ignorance and hate.”