Isaac Hayes’ Family Threaten To Sue Trump Campaign For $3 Million Over Use of Song at Rallies

By: Stephanie Bontorin | Published: Aug 14, 2024

On the campaign trail, candidates often select a few songs that define the vibe of their rallies. The songs chosen often portray the same vibe that the candidate wants to encapsulate while campaigning for votes across the country.

However, bands and artists can often take offense to certain candidates using their music. In the past, artists from Aerosmith to Rihanna have asked the trump team to drop their tunes from their roster. Now, the family of late singer-songwriter Isaac Hayes has joined the list of iconic music makers by demanding that the Trump campaign pays out a whopping $3 million for unauthorized use of the song “Hold On I’m Coming” at his gatherings and on videos.

The Family Takes Legal Action

After discovering that the Trump campaign has been using Hayes’s legendary song, his son, Isaac Hayes III, issued a notice of copyright infringement on August 11.

Advertisement
A man wearing a turtleneck sweater, leather coat, and sun glasses holds up his index finger

Source: @RollingStone/X

Hayes passed back in 2008, but the famous song, first performed in 1966 by the duo Sam & Dave, has remained a staple on the radio for decades.

Statement From the Hayes Estate

The family discovered that Trump had been using the song from 2022 to 2024 in several different places, during rallies, and on videos of campaign messages. Unhappy, they quickly contacted a legal team to sort out the issue and get their music back.

Advertisement
A crowd of people at a Trump rally hold up campaign signs with Trump in the back displayed on the jumbotron

Source: @nicksortor/X

A letter from the lawyer states: “It has come to our attention that you or the campaign have authorized the illegal public performance of the Song on multiple occasions during various rallies for your political campaign without authorization from the copyright holder, despite being asked repeatedly not to engage in such illegal use by our client.”

Questions of Endorsement

One of the reasons why an artist does not want their songs used by a certain political actor is that guests in the crowd or anyone hearing the song in relation to the candidate might think that the band endorses the political party and agreed to let their music be used.

Advertisement
A group of people wearing formal attire pose for a photo

Source: @247LC/X

As well, from a legal standpoint, high level candidates are supposed to get permission from the artist to use songs. James Walker, the lawyer for the Hayes family, demanded that by August 16, Trump and his campaign staff stop using “Hold On I’m Coming” and remove all material that features the song.

Punishment For Unauthorized Use

Walker and the Hayes estate would like the Trump campaign to release a heartfelt statement saying that the Hayes family has “not authorized, endorsed, or permitted use of the Isaac Hayes Enterprises’ property at any point, now or in perpetuity throughout the universe.”

Advertisement

Source: Bhutina65/Canva Pro

They also demand that the Trump campaign pay a $3 million licensing fee for their unauthorized use of the song. According to the legal team, the amount is “a very discounted fee for the normal license fee associated with this many multiple uses. The normal fee for these infringements will be 10 times as much if we litigate, starting at $150,000 per use.”

Will Trump Respond?

It’s difficult to know at this point if Trump will respond to the demands and the changes.

Advertisement
A photograph of Donald Trump

Source: Wikimedia

In the past, the Republican candidate has often been sued by people he never paid and by artists whose songs he used without authorization. During the 2016 election cycle, hundreds of workers shared their stories of not being paid for construction work performed on Trump properties. Even after lawsuits were filed, the original payments were never settled.

Advertisement

What Happens if Trump Doesn't Comply?

The legal team for the Hayes estate has noted that harsh legal action will be taken if Trump does not immediately comply with their demands.

Advertisement
A man using a nice pen to fill out paper work

Source: Scott Graham/Unsplash

Another fee of $150,000 per use of the song in damages will be filed in court. This is the regular price that anyone else reaching out to the Hayes estate would need to pay for use; this includes for political and entertainment purposes.

Advertisement

The Hayes Family Disagrees with Trump Politics

As plenty of others have pointed out, Donald Trump appears to be a less-than-honest political actor. He often does not take accountability for his words and flip-flops on important issues. Some have said that his VP pick, JD Vance (R-Ohio), is being set up to become a patsy if anything goes awry.

Advertisement
A man wearing a purple shirt and black sunglasses stands in front of a microphone

Source: @LeeJero32024251/X

After Hayes III saw a video of his father’s music being used online, he posted on X, “taking legal action to stop the unauthorized use of this song. Donald Trump represents the worst in honesty, integrity, and class, and [the family wants] no association with his campaign of hate and racism.”

Advertisement

A Family Fed Up

To add insult to injury, Trump used the song on the anniversary of Hayes’s death on August 10. Hayes III wrote that despite asking Trump and the RNC “repeatedly” not to use the song, they went to Montana and used it at a rally in Bozeman anyway.

Advertisement
A photograph of Kamala Harris

Source: Getty Images

At the populous town in Montana, Trump made a series of bizarre claims, including that no one knows Vice President Kamala Harris’ last name and that Senator Jon Tester (D-MT) loves his border wall, despite never publically endorsing it.

Advertisement

Half of Sam and Dave Is Still Alive

Dave Prater, the other half of the duo Sam & Dave that originally wrote and performed the song, said “I can say [that] I don’t want any of my songs used for political campaigns. Certainly, including this one… We create music to uplift people, not separate them.”

Advertisement
A copy of a Sam & Dave vinyl disk

Source: @WNJRadioNYC/X

The 82-year-old is not active in politics but agrees that Trump stands against the ideals of the country.

Advertisement

Not the First Artist To File a Suit

This incident isn’t the first time that the Trump team has been sued by an artist who has no interest in campaign materials.

Advertisement
Celine Dion wears a white jacket and gold hoop earrings while sitting for an interview

Source: @PopCrave/X

Just this week, Celine Dion wrote on her X account that her management team “became aware of the unauthorized usage of the video, recording, musical performance, and likeness of Celine Dion singing ‘My Heart Will Go On’ at a Donald Trump / JD Vance campaign rally in Montana.”

Advertisement

The Smiths Denounces the RNC

Earlier this year, the former guitarist for The Smiths, Johnny Marr, discovered that the band’s famous 1984 song “Please Please Please Let Me Get What I Want” was being played at a Trump rally.

Advertisement
Johnny Marr and Tim Burgess performing on stage

Source: @Johnny_Marr/X

He quickly took to X to share his disagreement, “Ahh…right…OK. I never in a million years would’ve thought this could come to pass. Consider this s*** shut right down right now.”

Advertisement