Issac Hayes’ family threatens to sue Donald Trump over music at rally

The family of late soul singer Isaac Hayes has ordered Donald Trump to stop playing the star’s song Hold On, I’m Coming at his rallies.

A letter to Trump and his team, and shared by Hayes’ son on social mediathreatened to sue the former US President if he did not comply by August 16.

The family is also asking for $3m ​​(£2.4m) in licensing fees for using the song multiple times during the 2022 to 2024 campaign.

The popular song was performed regularly by soul duo Sam and Dave at Trump’s rallies, often playing before and after his speeches.

Hayes wrote the song in 1966 with Dave Porter, when he was an editor at Stax Records. He went on to become a Grammy and Oscar winner with hits like Shaft and Walk On By.

In their legal letter, the Hayes family claims to have “repeatedly asked” Trump to stop using the song. They go on to cite 134 times, but the campaign has continued.

Their lawyer, James Walker, alleged that the Trump campaign had “willfully and blatantly violated copyright.”

He went on to ask the campaign to remove any videos featuring the song and issued a full statement acknowledging that the Hayes family did not “authorize, endorse or permit” the use of his music.

Walker added that the requested settlement amount of $3 million was a figure “heavily discounted” given the frequency with which the campaign played the song Hold On, I’m Coming.

The letter also states that if no resolution is reached and a lawsuit is filed, the Hayes family will seek damages of $150,000 for each use of the song – equivalent to more than $20 million (£15.7 million).

The Trump campaign has yet to respond to the letter or the threat of legal action.

The Hayes family previously criticized Trump for playing Hold On, I’m Coming at a National Rifle Association convention, less than a week after the 2022 Uvalde school shooting that left 19 people dead.

“We extend our condolences to the victims and families of Uvalde, as well as to victims of mass shootings around the world,” they wrote at the time.

Porter, the song’s co-writer, also wrote: “I do not and will not approve of their use of the song for any purpose whatsoever.”

Meanwhile, Sam Porter – who sang the original hit recording – objected to Barack Obama’s use of the song during his 2008 presidential campaign.

“I do not endorse you for the highest office in our country,” he said in a statement at the time.

“My vote is a very private matter between me and the ballot box,” he added.

On Sunday, Hayes’ son, Isaac Hayes III, was more explicit about his opposition to Trump’s campaign.

“Donald Trump is the embodiment of a lack of integrity and class, not only through his repeated use of my father’s music without permission, but also through his history of sexually abusing women and his racist rhetoric,” he wrote on Instagram.

“This behaviour will no longer be tolerated and we will act swiftly to put an end to it.”

The Hayes family is the latest musician’s family to complain about the Trump campaign.

The Beatles, Neil Young, Adele, Bruce Springsteen, Sinead O’Connor and Aerosmith are among the artists who have ordered their contracts with the politician to be terminated.

In fact, the list of artists who have protested is so long that the topic has its own Wikipedia page.

On Saturday, Celine Dion’s team also protested the use of her song My Heart Will Go On at a rally in Montana.

“This use is not authorized in any way and Celine Dion does not endorse this or any similar use,” a statement said.

“And really, THAT song?” the article added – referring to the song being recorded for the movie Titanic, about a sinking ship.

However, musicians have had only limited success in preventing politicians from using their music.

In the United States, campaigns must apply for a Political Entity License from music rights regulator BMI, which gives them access to more than 20 million tracks of music to use in their campaigns.

Artists and publishers can request their music be pulled from the list, but it appears the organizers rarely check the database to make sure they are licensed.

“They don’t care as much about the rights of artists as you would like,” said Larry Iser, the attorney who represented Jackson Browne when he sued Republican candidate John McCain over one of his songs in a 2008 ad. (The lawsuit was later settled.)

“It’s not just the Trump campaign,” Iser told Billboard magazine. “Most political campaigns don’t want to take that song down.”

Cases rarely go to court – usually both sides back down after a series of legal letters.