After a lawsuit was threatened over the weekend against Donald Trump and his presidential campaign, the White House hopeful’s attorneys have continued to ignore the family of late soul icon Isaac Hayes, as they allegedly have for years. Meanwhile, the artist’s son and a lawyer representing the Hayes family have attempted to stop the use of an early hit song penned by the singer at rallies and events, both claimed on Monday.
The Grammy-winning soul music icon Isaac Hayes III’s son confirmed to The Hollywood Reporter what he had written online over the weekend: the family intends to sue the Trump administration for using the Sam & Dave song “Hold.” Even though a lawsuit was threatened against the presidential candidate over the weekend, it appears that Donald Trump’s legal team has been neglecting the family of late soul legend Isaac Hayes for years. Claims surfaced on Monday stating that the singer’s son and an attorney representing the Hayes family have been attempting to stop the singer’s early hit song, “I am Comin’,” from being played at rallies and other events. According to Hayes’ calculation, it has been used 135 times in the previous few years.
The song, which Isaac Hayes co-wrote, was the first hit he heard. Hayes remembers hearing it as recently as August 9 at a Trump rally in Montana, and as far back as at a 2022 National Rifle Association gathering that took place following the Uvalde school shooting, which claimed the lives of 19 children and two adults. For Hayes, Trump’s choice to end his address with a dance to that specific song is especially offensive. Using it to sell guns irritates Hayes, especially considering its title and the fact that it was shown around 300 miles away from the horrific mass killing that sparked criticism of the local police’s tardy response.
“I was pissed,” Hayes told THR. “There’s just been a mass shooting. So why are we using it at the NRA convention? I wanted to take legal action because Trump has made statements against women, and here is a man who has been convicted of sexual abuse. I’m a brother to seven sisters, and I don’t want anybody to think of ‘Hold On’ and think of Donald Trump.” Throughout his three campaigns, a number of musicians and artists have made public declarations alleging that Trump and his team have illegally utilized their copyrighted songs at MAGA rallies and campaign events, frequently in an attempt to incite strong emotions in the crowd or increase attendance. John Fogarty, the estate of Tom Petty, Hayes, Adele, Earth Wind & Fire, and others have all released comments pleading with the campaign to cease this. Celine Dion also criticized the usage of “My Heart Will Go On” during a rally on social media last week.
A party who believes it has been injured by another has a limited amount of time under copyright law to put the other party on notice before proceeding with certain procedures.The Hayes family’s lawyer, James L. Walker, stated that the complaint needs to be submitted right away in order to guarantee that the legal process starts before time runs out.
“Ultimately, I think Isaac [Jr.] has been nice about it by asking him kindly to remove it. And when someone doesn’t respect your time, you’re left with no other alternative than to take it to a courtroom. Both he and the late Hayes’ son received radio silence from lawyers for Trump and his administrative staff, they said.
But why is Hayes one of the few to threaten to sue the ex-president and current hope to retake the office in November? The hassle, mostly, according to Walker, and the price tag that comes with Trump to court.
“Most of these artists just don’t want to take time or any of the smaller artists don’t have the money resources. And to know how Mr. Hayes is in that rare category where he understands copyright, he understands how you protect yourself, how you protect your publishing. So he knows this just as well as anybody else, if not better,” Walker explained.
According to Hayes, the estate only obtained the rights to the 1966 classic that Trump swaggered to on stage with the NRA’s top brass in 2022. Copyright protection for a work is triggered by its first publication and lasts for 28 years, after which it can be renewed for a further 28 years, for a total of 56 years.
Regarding the possible lawsuit, Walker and Hayes are certain that they would prevail. Walker notes that copyright law is really simple, and if Trump wins his lawsuit, he will be forced to pay far more than $3 billion.
“I expect a full takedown of the song and the amount that was requested,” Hayes said. “And never, never use that song again.”