Trump back in court over fraudulent use of ‘Hold On, I'm Coming’ song
- ‘Hold On, I'm Coming’
- From Abba to the Rolling Stones
- How can artists legally object to their songs being used in campaigning?
The decision to ban Donald Trump from using the song ‘Hold On, I'm Coming’ on the campaign trail came after the heirs of the late singer Isaac Hayes sued the Republican candidate and sought an injunction to prevent further use of the African-American artist's songs at the White House candidate's rallies.
Following the ruling, the judge ruled that Trump will not be obliged to remove the excerpts of the videos or photos where the candidate appears dancing with the song in the background that have been broadcast and/or recorded prior to the complaint. This was confirmed by former president Donald Trump's lawyer, Ronald Coleman.
‘The campaign has no interest in upsetting or hurting anyone. And if the Hayes family feels it hurts or bothers them, that's fine, we're not going to force the issue.’
Speaking to the press, Coleman expressed his delight at Thrash's decision not to order the removal of any previous use of the song. ‘We are very grateful and happy for Judge Thrash's decision,’ Isaac Hayes III said after the hearing.
‘I want this to serve as an opportunity for other artists to come forward who don't want their music to be used by Donald Trump or other political entities,’ he concluded.
Donald Trump and his campaign team began using the song on the campaign trail in the last election, which ended with Trump supporters taking over the Capitol, as entrance music for the candidate at his campaign events, according to the lawsuit filed by the author's family.
According to the text, another reason was that the song was used on at least 133 occasions.
The family's lawsuit claims that neither the candidate nor his team sought to obtain either permission or consent from the deceased artist's family members. Thus, he never obtained a valid licence for the use of the song and its public performance for whatever purpose.
One section of the complaint alleges that ‘the use of the song by Trump and his campaign could lead the public to believe that there is an endorsement or commercial connection between the plaintiff and the presidential candidate’.
‘Hold On, I'm Coming’
Released in 1966, the single ‘Hold On, I'm Coming’ was written by Isaac Hayes, who died in 2008 at the age of 65, and David Porter and produced by Jim Stewart, and was one of the most played songs of the year. The duo, known as Sam & Dave, were the first to record and perform the song in the soul clubs of Atlanta, USA.
Isaac Hayes had a major influence on music with the founding of Stax Records, one of the most important record labels in the development of soul music in Memphis, Tennessee. In addition to his career as a recording artist, Hayes had film appearances and was caricatured in series such as South Park and The Simpsons.
The successes of ‘Hold On, I'm Coming’ include a 20th place finish on the Billboard R&B chart in 1967, and more than 12 versions of the song performed by major American artists such as Aretha Franklin, Solomon Burke, Righteous Brothers Band, Jerry Lee Lewis and the duo of Eric Clapton and B. B. King.
From Abba to the Rolling Stones
Being linked to Donald Trump is one of the biggest fears of artists, and not just Americans. Since the use of Rihanna's ‘Don't Stop the Music’ in 2016 or Queen's ‘We are the champions’, more than a dozen artists worldwide have publicly requested that the US presidential candidate refrain from using their songs.
The most talked-about case, along with Isaac Hayes, was that of ABBA, a group that publicly, through a communiqué from the Universal Music label addressed personally to Donald Trump, demanded ‘the immediate withdrawal of the videos and images from the Minnesota rally’.
With the cases of ABBA and Hayes, there are now more than 15 artists who have made it public that they do not want their music to be associated with the Republican candidate's policies. Immigration, climate, judicial and gender policies are the main causes of widespread rejection in the music world.
Among the list of singers are: Beyoncé, Isaac Hayes, Sinéad O'Connor, Luciano Pavarotti, George Harrison, Neal Schon, Jonathan Cain, Neil Young, Rihanna, Adele, Elton John, Brian May, John Fogerty, Tom Petty, Phil Collins, Steven Tyler, Guns N' Roses, Bruce Springsteen, Pharrell Williams, Eddy Grant, Ozzy Osbourne, Panic! At the Disco, R.E.M., Leonard Cohen and Prince.
How can artists legally object to their songs being used in campaigning?
Rarely do artists have power over their songs, which is the responsibility of the record companies who negotiate with the singers over copyright and the use of their songs by third parties for profit.
The most high-profile case is that of Pharrell Williams who, after his song ‘Happy’ was played at a Trump rally in 2018, ended up having the complaint dismissed in 2020 due to licensing flaws that allowed the song to be used.