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Isaac Hayes’ estate sued Donald Trump’s campaign over its use of “Hold On, I’m Coming” at campaign events and in related videos, alleging copyright infringement. The key dispute was whether the campaign could keep using the song after BMI told it the song had been removed from its political license. A federal judge issued a preliminary injunction against future unlicensed use in September 2024; the family announced a settlement in February 2026, but its terms were not made public.
What the lawsuit was about
Isaac Hayes and David Porter co-wrote “Hold On, I’m Coming,” which Sam & Dave recorded in 1966. The September 2024 court opinion identifies the work by that registered title. The lawsuit concerned copyright in the song’s composition and its use at Trump campaign events and in associated videos; the available court record does not establish that the estate owned the Sam & Dave sound recording.
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The estate and Isaac Hayes Enterprises alleged that the campaign used the song without authorization. The defendants disputed ownership and asserted licensing and fair-use defenses. The case therefore was not simply a dispute over whether the song had been played: it turned in significant part on the scope of the campaign’s license and what happened after the song was excluded from it.
Why BMI’s June 6 notice mattered
The defendants submitted a BMI license for political entities. As described by the court, that license allowed works to be excluded when a songwriter objected. The judge found that BMI informed the campaign on June 6, 2024, that “Hold On, I’m Coming” was excluded from the political license effective immediately after a songwriter objected. The court said some uses followed that notice.
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That timing shaped the preliminary ruling. The judge concluded that the plaintiffs were likely to show that post-notice uses were unlicensed and infringed Isaac Hayes Enterprises’ copyright. He did not resolve the fair-use defense on the pleadings then before him. Read the September 11, 2024 opinion and order.
What the judge ordered—and what he did not
On September 11, 2024, U.S. District Judge Thomas W. Thrash, Jr. granted a preliminary injunction in part. It barred future use of the song without a valid license. The court found likely success on the plaintiffs’ claim concerning uses after BMI’s June 6 notice, and found irreparable harm from future use.
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This was an interim ruling, not a final trial judgment establishing liability for every alleged use. The judge also declined, at that stage, to order the removal of videos from past events. The order should not be read as a blanket ruling about all prior uses: it focused on the likelihood of infringement for uses after the notice and the need to prevent future unlicensed use.
What the family claimed before the ruling
The reported use counts differ and should be treated as allegations, not findings. CBS News reported in August 2024 that the family’s pre-suit demand sought $3 million in licensing fees and claimed 134 plays during the preceding two years. The Associated Press later summarized the complaint as alleging 133 uses across Trump’s 2020 and 2024 presidential bids. Neither figure was a court-established count. The available reports do not explain the difference, so it cannot be reconciled from them.
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The September 2024 opinion also recited chart rankings from the amended complaint: the song reached No. 1 on Billboard’s Hot R&B singles chart and No. 21 on the Billboard Hot 100. Those rankings appear in the case record as allegations recited by the court, rather than as a separate chart-history finding by the judge.
Did Trump settle the lawsuit?
Yes. In February 2026, the family announced that it had reached a settlement and said it was satisfied with the outcome. The public announcement did not disclose the settlement amount or other terms. It therefore does not establish whether money was paid, whether either side admitted wrongdoing, or what other conditions the agreement included. The Associated Press reported the settlement.
At a 2024 hearing, Trump’s lawyer Ronald Coleman told reporters: “The campaign has no interest in annoying or hurting anyone, and if the Hayes family feels that it hurts or annoys them, that’s fine, we’re not going to force the issue.” That statement is consistent with the campaign’s position at the time, but it does not disclose the later settlement terms.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Case timeline
- 1966: Sam & Dave released their recording of “Hold On, I’m Coming,” written by Isaac Hayes and David Porter.
- June 6, 2024: According to the court, BMI notified the campaign that the song was excluded from its political-entities license.
- August 2024: The estate and Isaac Hayes Enterprises filed suit. CBS News reported the family’s pre-suit demand as $3 million and its allegation of 134 plays in the prior two years.
- September 11, 2024: Judge Thrash issued a preliminary injunction barring future use without a valid license, while declining to order removal of existing videos at that stage.
- February 2026: The family announced a settlement without publicly stating its terms.
Sources: CBS News’ August 2024 report; Associated Press’ February 2026 settlement report.
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