Federal judge orders Trump to cease using Isaac Hayes' song 'Hold On, I'm Coming'

Published: Sep 03, 2024 Duration: 00:04:17 Category: News & Politics

Tags : news p_cmsid=2494279 abc Atlanta abcnl trump HOLD on campaign Donald song isaac Hayes Comin I'm p_vid=news-113363264

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a federal judge in Atlanta has ruled today that former president Donald Trump in his campaign needs to stop using the song hold on I'm coming the family of the song's co-writer Isaac Hayes Jr says Trump and his campaign have been using the song without permission infringing on its copyright and should pay $ million in royalties while the judge did rule that Trump must immediately stop using the song the judge denied a request to force the campaign to take down existing videos that include the song an attorney for Trump said that after the hearing the campaign had already agreed to not use the song going forward and that it won't force the issue if the Hayes family feels hurt or annoyed uh for more on this I want to bring in ABC News legal contributor Asha Rapa Asha glad to have you here with us so can you tell us a little bit more about this family's lawsuit right the Hayes family attorney says at least they said in a press conference today that this was a preliminary hearing that they will be fighting a trial for the campaign to take down the existing videos uh and that use that song so what do you think will happen next in this case and what questions will the judge be looking at there yes Kaa this is a copyright infringement claim so copyright law gives copyright owners a bundle of Rights um and one of them is that they can control uh public performances of their work um and so when Trump is blasting these songs uh in his rallies he's potentially violating that now there are certain exceptions that are called fair use exceptions um but it would likely not apply here because what he's using is really the the creative heart of this song the title for example to convey a message um and so what the judge has said here in issuing an injunction is that uh Mr Hayes is likely to his estate is likely to succeed on the merits but they're still going to have to hear the claims and and make a adjudication um at a later date okay so in terms of the family's claims here I mean they're asking for $3 million uh do you think they'll see that money I think it depends on how they can demonstrate that so um in copyright infringement claims um a plaintiff is entitled to you know compensatory damages meaning any losses that they incurred um as a result of this person appropriating their work loss profits which are a separate thing which is it sounds like the loss royalties here is what they're putting in here and then there are also statutory damages which actually you know is sort of a very objective decision on you know was the copyright violated that those damages are not very much um it's like up to $30,000 per work not per instance so um it'll be it'll be interesting to see whether uh the plst here are able to demonstrate the loss of royalties uh to the degree that they've claimed in their lawsuit and Asha I mean we know right this is not the first time that we have seen a lawsuit like this and a claim like this even with Donald Trump so how how have these played out in the past who have you seen sort of come out on top in these lawsuits you know I don't know off the top of my head who you know has pursued these but I think that maybe some of these artists might believe that it's not worth pursuing in court because really what they seem to be concerned about is um the message that it's sending to have the song played at the rally remember artists have their own free speech rights they may not want their own message to be seen as endorsing something they don't agree with because it can also hurt their brand that can hurt their own marketability so they might see that just making the public statement like for example Seline Deion did just saying that they don't approve of this might actually you know achieve their own goals without having to spend the money on lawyers and go to court and do all of that but not if their goal is $3 million well no if they can really demonstrate the loss of uh that Revenue um you know I think they would really have to show though that people were you know that that that loss of that income stream and and that might be difficult to prove in these types of contexts interesting Asher andapa thank you so much for joining us today glad to have you

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