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1Repair Windows errors before they cause bigger problems2Fix the driver behind crashes, sound loss and screen glitches3Clear out junk files and repair common Windows errorsThe Isaac Hayes estate received an emergency hearing over the Trump campaign’s use of “Hold On, I’m Comin’” on September 3, 2024. The court later partially granted and partially denied the estate’s request for a preliminary injunction; the case was subsequently settled. The preliminary ruling was not a final judgment on liability, and the settlement terms were not made public in the reported announcement.
Why was the Isaac Hayes estate granted an emergency hearing?
Isaac Hayes Enterprises, LLC, and the Estate of Isaac Hayes sued in federal court in Atlanta, alleging that Donald Trump and his campaign used the song without authorization at campaign events. Their complaint sought preliminary relief to stop use without a license and to remove videos containing the work. Those were the plaintiffs’ allegations and requests, not findings that every alleged use had been proved.
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The plaintiffs filed their complaint and an emergency motion for a preliminary injunction on August 16, 2024, then filed amended papers on August 21. Judge Thomas W. Thrash Jr. held the hearing on the amended request on September 3 in the U.S. District Court for the Northern District of Georgia. The plaintiffs withdrew the request as to Turning Point USA, the Republican National Committee, and the National Rifle Association. Court docket
What song did Trump use at campaign events?
The dispute concerned “Hold On, I’m Comin’,” officially registered as “Hold On, I’m Coming.” Isaac Hayes and David Porter co-wrote the composition, which Sam & Dave recorded in 1966. The court opinion says the copyright was registered on March 3, 1968, and renewed on January 11, 1996. It reports that the recording reached No. 1 on Billboard’s Hot R&B singles chart and No. 21 on the Billboard Hot 100. September 11, 2024 court opinion
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- One of the truly timeless albums in soul music history and the one that launched the career of Isaac Hayes, putting him firmly on the map as a musical force to be reckoned with and a source on musical inspiration for generations to come
The case concerned copyright in the song’s words and music—the composition—not simply the use of a particular sound recording. The court’s opinion describes the parties’ arguments over who owned the relevant rights. Defendants argued that Hayes Enterprises had assigned an interest to Primary Wave; plaintiffs said Hayes Enterprises had regained a share through statutory termination and later assigned part of that interest to Primary Wave. For purposes of deciding the preliminary-injunction request, the judge concluded that the plaintiffs had met their burden to show ownership.
What did the judge decide after the September 3 hearing?
On September 11, 2024, the court denied the original injunction motion as moot because the plaintiffs had amended their filings. It granted the amended motion in part and denied it in part. The opinion applied the four-part standard for preliminary relief: likelihood of success on the merits, irreparable injury, balance of harms, and public interest. At that stage, the court found the plaintiffs likely to succeed in showing ownership and copying, while also considering the defendants’ license and fair-use arguments. Read the court opinion
Rank #2
The defendants raised a defense based on a BMI political-entities license and argued that videos were fair use. The opinion says BMI had notified the campaign that the work was excluded from its license. A general political-use license therefore should not be treated as proof that this particular song remained covered after the exclusion.
The ruling addressed the request against Trump and his campaign; the motion was denied as to the RNC, Turning Point USA, and NRA after plaintiffs withdrew their request against those parties. The court’s decision was preliminary, not a final trial verdict on liability. The Associated Press later reported that the injunction required the campaign to stop using the song in appearances or videos, and that Trump’s lawyers said the campaign had already stopped before the ruling. Associated Press report on the settlement
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- The Best of Isaac Hayes brings together 10 soulful cuts from Stax Records' incomparable creative force
Did the Isaac Hayes estate settle its lawsuit against Trump?
Yes. The Associated Press later reported that Trump and the estate settled the suit. Isaac Hayes III said the family was satisfied with the outcome. The announcement described by AP did not disclose the settlement terms, so the amount, if any, paid cannot be established from that public report. Associated Press report
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How often was the song allegedly used?
AP reported that the estate alleged the song had been used 133 times during the 2020 and 2024 presidential bids. That number is an allegation reported in coverage of the lawsuit, not a count established by the court’s opinion. Associated Press report
Quick Recap
Best Value
- Shaft not only resulted in an Oscar win for Hayes, but launched the wah-wah workout and #1 smash-hit, "Theme from Shaft" into cultural ubiquity
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