Trump campaign banned from using Isaac Hayes song at rallies after family files lawsuit

A federal judge in Atlanta issued a temporary restraining order on Tuesday prohibiting Donald Trump and his campaign team from using a song co-written by the late musician Isaac Hayes at their events.

The 1966 song “Hold On, I’m Coming” has been played at Trump rallies and can be heard in campaign videos posted online, according to court documents obtained by ABC News. However, the judge did not order those videos to be removed, according to a statement from Trump representative Ronald Coleman.

“The campaign had already agreed to cease further use,” Coleman said in a statement to ABC News. “We are very grateful that the court recognized the First Amendment issues at stake and did not order the removal of existing videos.”

Isaac Hayes III, Hayes’ son, said in a social media post last month that he was seeking $3 million in royalties from Trump and his campaign for unauthorized use of the song “Hold On, I’m Coming.” Trump and his associates played the song more than 150 times without permission, court documents say.

“We won,” Isaac Hayes III posted on Instagram on Tuesday after the hearing. “@realdonaldtrump has been banned from playing @isaachayes’ music forever.”

The injunction prohibits the campaign from playing the song until the case is resolved, Coleman told ABC News, adding that the court will consider a motion for retrial on copyright grounds if necessary.

“The campaign has a license to play the music through an agreement with BMI and ASCAP,” the Trump campaign said in an emailed statement to ABC News in response to the ruling, citing the collecting societies Broadcast Music Inc. and the American Society of Composers, Authors and Publishers.

Neither Isaac Hayes III nor attorneys for Isaac Hayes Enterprises – the company that handles licensing for Hayes’ estate – responded to ABC News’ request for comment. Attorneys for both sides did not comment to ABC News on a ruling on money allegedly owed to Isaac Hayes Enterprises.

The song was made popular by the music duo Sam & Dave in 1966 and peaked at No. 21 on the Billboard Hot 100 at the time, according to court documents. Hayes, who co-wrote the song with David Porter, died in 2008 at age 65, but his estate is the current owner of the rights and title to the song, according to court documents.

After Trump and his campaign played the song as “outro” music at one of their events in 2020, the Trump campaign was sent a cease-and-desist letter on behalf of Isaac Hayes Enterprises, according to court documents.

The lawsuit, filed last month by Isaac Hayes Enterprises, named Donald J. Trump’s presidential campaign, the Republican National Committee (RNC), the conservative advocacy group Turning Point, the National Rifle Association (NRA), the American Conservative Union and BTC as defendants for hosting events and uploading videos playing the song, according to court documents.

The motion was withdrawn on Tuesday by Hayes Enterprises with respect to Turning Point, NRA and RNC, the court noted.

Hayes is part of a group of musicians who have called on Trump to stop playing their music at his events, including Beyoncé, the Foo Fighters, Jack White and Céline Dion.

ABC News’ Sabina Ghebremedhin contributed to this report.