Trump must face Isaac Hayes music copyright suit, Atlanta judge rules
Published in News & Features
ATLANTA — President Donald Trump and his 2024 election campaign can’t get out of a copyright infringement lawsuit brought against them by the estate of legendary R&B singer Isaac Hayes, though there are “quite a few” problems with the case, a federal judge in Atlanta said Wednesday.
Lawyers for Trump and his campaign urged U.S. District Judge Thomas Thrash Jr. to dismiss the lawsuit filed in August alleging they repeatedly used the song “Hold On, I’m Coming” on the campaign trail without a license. Ronald Coleman, one of Trump’s attorneys, said Hayes’ estate has amended its complaint twice and still can’t adequately show ownership of the song or that Trump did anything wrong.
“The case never was legitimate,” Coleman told the judge during a hearing Wednesday. “They haven’t got a case. Please dismiss it.”
Thrash said issues around ownership of the song and Trump’s alleged infringement can be revisited as the case moves forward.
“I think that the second amended complaint – in spite of all its problems, and there are quite a few – adequately alleges ownership of the work,” Thrash said. “I think that the second amended complaint also sufficiently alleges that Mr. Trump personally was involved in the alleged copyright infringement. At least at this stage of the litigation, that’s sufficiently alleged.”
Trump and his 2024 presidential campaign are temporarily barred from using the song without a valid license while the case is litigated.
The Hayes estate, led by Isaac Hayes III, claims Trump and others used “Hold On, I’m Coming” more than 100 times at presidential campaign rallies and on various media platforms in recent years.
Coleman said Wednesday that Trump is not liable for copyright infringement. He said the Hayes estate has not alleged that Trump is an officer or employee of his election campaign or had executive control over it.
“He did not in any meaningful way commit any tortious conduct,” Coleman said.
Brittney Dobbins, an attorney for the estate, said there does not have to be an allegation that Trump personally sang “Hold On, I’m Coming” at a campaign rally for the case to succeed. She said he played the song during his announcement in 2024 that he was running for office.
“I don’t see how they can argue that Trump didn’t select the song,” she said.
Dobbins also said there is a host of documentation, including public copyright records, showing the estate has ownership rights to the song. She said the defendants tried to mislead the court by making it seem as though public copyright records are confusing.
“None of the defendants obtained a license,” Dobbins told the judge. “If they obtained a license, they could have gotten rid of the case. Instead, they’re trying to fool the court.”
The judge said the estate could have made things “a whole lot easier” by attaching the relevant ownership records to the lawsuit.
The Hayes estate initially sued Trump and his presidential campaign, the Republican National Committee, the National Rifle Association of America and other entities it alleged were responsible for playing the song without permission and in connection with Trump.
The estate has dropped its claims against the Republican National Committee, National Rifle Association of America and American Conservative Union.
On Wednesday, the judge transferred to a federal court in Tennessee the estate’s claims against Tennessee company BTC, which is accused of hosting a bitcoin conference in Nashville where Trump played the song after a speech in July.
The judge said he’ll consider whether claims against Turning Point Action, an Arizona-based political organization, can be litigated in Georgia.
Louis Perry, an attorney for Turning Point Action, said the estate’s claims are “legally deficient.”
“Playing a song at an event without commentary, branding or some suggestion of sponsorship doesn’t mislead the public into thinking that the artist endorses the event,” Perry said during the hearing Wednesday.
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