Court Order: Trump team banned from using Isaac Hayes tunes at campaign events

Story coming out of Atlanta earlier today. A federal judge has now ruled that former president Donald Trump and his campaign must pause on using the song. Hold on, I'm coming. This decision. came after the estate of the late R&B artist and songwriter Isaac Hayes. Saw an emergency injunction to stop the Trump campaign. from using the song of course very important that we're getting some of those issues in. We did we were able to speak a little bit earlier today. to Fox 5 there in Atlanta. reporter Deedra, Dukes was there on the story Want to bring up those remarks Now here on live now, we now know some, a federal judge is now ordered the Trump campaign. to stop using the music of Isaac. Hayes. This is a major breakthrough in the case that's been going on The family says for several years. to give us a little bit more information. Now I want to bring in Fox 5's is Dara Duke. She's been following this case. Deedra, what can you tell us about? how the family is feeling and some of those things that came out of the court case? now, we talked to the late singer's family and their attorneys outside of the courthouse, this afternoon. following today's ruling uh the hearing that they held here this morning, surrounding this song and the use of that song by the Trump campaign. Now, the family says that the Trump campaign has been using this song without their permission. for years. They say that today's ruling is not only evict victory for Isaac Hayes, but also they say for other recording artists. I'm Donald Trump has been barred from Ever playing the music. Again. Isaac Hayes III, and his siblings. praised Tuesday's ruling as they prepare for the next round in this legal battle. A federal judge ordered former president Donald Trump and his campaign. to stop using their father's song campaign events. attorneys for the late singer and songwriters family based off against Trump's lawyers in court. they sued the Trump campaign for repeatedly using the song. Hold on, I'm coming. arguing Trump didn't have permission to use the song and was causing a reparable harm to the late singer's brand. I want this to serve as an opportunity for other artists to come forward. that dealt with their music used by Donald Trump or other political entities. Um, and continue to fight for music artists rights and copyright the Trump campaign also scored a victory in court, the judge denied the family's request that Trump be forced to take down campaign videos. posted on the internet which featured the song. we're not clear that the haze family. does have an ownership, right. The judge felt that there was enough in the record. to at least make a prime of fascia finding that they did have some kind of ownership, right? It's a little bit murky and the judge acknowledged that its murky attorneys for the former president. insist, they did not violate copyright law but had indicated in court documents. while Friday that they would no longer use the song at Adam consideration for the Sentiments of the Hayes family And in order to avoid further litigation On that score. we would stop playing it so it's not being used anymore. No while the Hayes family is very pleased with the outcome of today's court hearing they do say they're going to continue to fight to, uh, try to get those Trump campaign videos. taken down offline. They also say that they'll continue to seek monetary damages. that's the latest here in Atlanta deeper, Duke's back to you. All right. thank you. DJ for that update and 1 quick question, we also know that the family has been fighting for rights for several years. In fact, they were able to use they'd have the rights to their song they say for over. 56 years. So this is sort of a continuing battle. that's a little bit more personal than 1 might normally think. is, it's not like this has been the case for a long time. This is far from over, uh, This legal battle continues at several levels and we were told by the attorneys they expect that this is going to take months before it's resolved. all right, reporting there in Atlanta. Fox 5. Atlanta. der Dukes. Thank you so much for your time. We appreciate you. And again, we were just hearing their from Fox 5, Atlanta Deedra Duke, She was able to just to give us a little bit insight into what was happening there in the courtroom. also in other places but we were also able to hear from the Trump campaign lawyer who was president there in court today. fighting to get the rights of that song to be used. They said it was under fair. Use Let's listen to some of those comments that they had also. earlier today outside of the courthouse Partial injunction. respect to future use of the song, which you have we had already agreed. We would not be. making. All right, it doesn't seem like we have the audio right now, but thankfully earlier today we were also able to get some more insight as well from the lawyers of Isaac Hayes. in his family. Of course, he's representing the estate there as well. They had a full conversation with us earlier today, here on live Now, talking about the full implications of this And also what this really means to the family as they try to take those next steps moving forward. to make sure that this case is fully resolved. Let's go ahead and listen in now. We have some breaking news this afternoon. We now know that a federal judge has now ordered former president Donald Trump to stop using Isaac Hayes pin song at rallies. Take a look at this tweet that we have from the Hollywood Reporter Donald Trump again there ordered by a federal judge to immediately stop using these songs Now, this has been a big conversation of discussion. In fact, we're getting a tweet as well from Isaac says, hey is the third. he's the son of Isaac Hayes that famed songwriter he said today our family was granted, an injunction against Real real Donald Trump from playing Isaac case, the third music ever again We are pleased with the decision by the courts and move to the next phase of this lawsuit. They are at the bottom thanking, his lawyers working hard on the case and this afternoon we also have 1 of those lawyers here with us. This afternoon, James L Walker Jr. James, thanks for joining us. Obviously, this is a case that's now grabbing national attention. Can you sort of explain a little bit about what happened today in court and what the importance is moving forward? Well, thank you for having me. Um, it is a very significant day in court, when you see a federal judge, in a non-civil, action of say, domestic abuse or some kind of uh, fight domestic fight or something. When you see a federal judge, give you injunctive leaf, that is a very, very rare. occasion in federal court. So the judge obviously agreed with the haze family, that Donald Trump needs to stop using their music. They had sent him a letter about 100 days ago. ago, uh, through their Pro, which is a public uh performance rights organization called BMI which basically gives you a blanket license. to use music at these rallies. Donald Trump and team Trump. and the Trump campaign. We're notified not to use. the song anymore but they used it another. 30 or 40 times at different rallies around the country. So the judge said, enough's enough He granted us. our requests. that they not use it and they cease and desist. and he also followed my requests that certain other defendants. will be able to provide a doc, a blanket license. or work out some kind of payment to the Hayes family. uh, for some of the other defendants There were 5, other defendants So, We're working diligently. to get this matter resolved. Now, we look at the underlying trial, the underlying case. and we move forward with the case. today is just injunctive release. relief. A first step is not the end. all be all. We still have other ways to go. and other things to do. In this case, I want to make sure that's clear. that this is not The case is over. we won. we won injunctive relief today. but we got to get a decision on these licenses that are still being used illegally. These songs. 1 of those things, That's super important within this case, as well is the fact that this you've said has been used over. 100 times at rallies 30 or 40 times since you first reached out with that initial. cease and desist. is a seasoned assist normally something that works initially or is going to having to go to court. Also something that happens pretty regularly at these types of cases. I'm glad you asked your question that way. normally with regular folks, You send a season that says, and they stopped doing it But this is team Trump. We know they like to bully. We know that. they like to say the law doesn't apply to them. the rules, don't govern them. and their conduct. So, Isaac Hayes, in the estate of Isaac. Hayes, is the first the first party. that I've ever seen. that said, okay, we're going to do more than send a seasoned assist. We're going to actually sue you and, that's pretty gutsy on behalf of the estate. and those who support the estate, the family members. I just think. A cease and desist letter here. would not go far enough. You had to do this action today. to get Donald Trump's attention that this is real. that the threat is imminent. In terms of you having to pay millions of dollars, for the use of this catalog. And also looking ahead, we know that, in They tried to. Use where did you stand with that? And how did the judge respond to that? Because that's a term that's often thrown around. and for both of us who are not in the legal industry, fair use, it can be a little confusing that act in the real reason that you can use that. Can you go ahead and explain and speak to that a little bit? Sure, sure. Normally, when you hear, a issue that involves fair use, issues, usually for charitable purposes. nonprofit. use, you know, an event at a high school college, a church, something like that. You might say, It's nonprofit. It's fair use. its not be hurting anybody. You're throwing rallies. that are raising money and you're raising to the tune of I think, 3 or 4 hundred million dollars. from all of this fundraising they're doing. There is no fair use here. This is more than a just gathering at a high school or college or something. That's not really a profitable event or a charitable event. It's nothing like that at all. the RNC, the GOP, the team Trump. all of the defendants, the NRA, when they're doing. These rallies we know, they're raising millions of dollars. So we kind of laughed at that argument And I think in the end the judge didn't buy it either. They also tried to question whether or not we had the copyright so we were able to provide documents that clearly show. We have the copyright a co-ownership of the copyright and I think the theory on the Trump side was we're just going to throw everything out there and hope something stick. To cast doubt on the need of an injunction. and unfortunately for them that didn't work out. the judge clearly saw through it. He clearly awarded Mr. Hayes and the family and the estate. a temporary injunction. but in very clear plain language he said the following you need a license And you are to stop using the music of Isaac Hayes. I think those are the 2, clear things that he said, yeah. He's not the only. has also tried to say, tell Trump, they don't want him using those songs that any rallies as well as Tom Petty, and of course, Adele she's still here with us. But there are other people who have both spoken out and said, they don't want these songs used. Do you think that this case could potentially provide some sort of way forward for other artists who are also just sort of going back and forth saying we don't want? our songs used in a political capacity. What you talking about is the galba nation of artists worldwide and the answer is yes. we hope this case. and the message that we are sending is received as something bigger. than Isaac Hayes III. His father Isaac Hayes Jr. The estate of Isaac Hayes, Hayes Enterprises, We hope this case is seen as something that mobilizes artists. worldwide. and Nationwide. to realize, hey we own a copyright. We want our intellectual property, we own our trademarks. We can go in here and fight for our rights just like anybody else. If This Were IBM or Coca-Cola or some other big company with a trademark or copyright intellectual property, this wouldn't even be a fight. These companies will come in here and shut this mess down. and and you and I both know that. So we hope today decision by the judge to Grant, Isaac Hayes. a preliminary injunction. and to order Donald Trump to cease using the song without a license, the judge's own words, we hope that sends a message to other artists that you can take this leg to reach out to Isaac Hayes. reach out to myself, whoever but you can take this same decision or these same steps, If you choose to And we also know that this again, this is not the first time this has been brought up. He says in an interview Isaac Hayes said that, the family has been going through this since 20122. and that's around the time when they actually received the rights back to their father's catalog because they hadn't had it for 56 years. At that point, Could you sort of explain what the family is now feeling? knowing that they have just a bit of power back in their pocket, after again, probably those kids going their entire life knowing that they did not have control over that music. Oh, the family's ecstatic. I just left. Isaac, Hayes's office over at fan base. on Howell Mill Road in. uh Atlanta. I just left his office. and the family is excited. They're static. They feel like finally the children who have watched the dad and the granddad not reap. all the benefits of his music catalog, which we consider publishing. because music is put on sheet music. So we say the word publishing, when we record records and we put music and Sheet Music, we just release music. so they watched their dad. Not get the benefits. of his labor and his hard work for this music. So today for the family, was a today day. to just finally. see victory. for the state of Isaac. Hayes. The catalog of Isis Hayes and the intellectual property of Isaac Hayes. So they are totally ecstatic and many times young black writers. will sign. deals. or they get in debt. And they need to uh, turn over their copyright to a bigger company. A lot of artists have done this as we know, over the decades and over the centuries. so it's good to see an artist. First of all terminating, What we call termination of copyright, where you notify. Somebody. Hey, I'm getting my copyright back. I'm terminating you through the Library of Congress. The Isaac case, family notified them, 10 years ago. that they were taking this copyright back. And now today, they're notifying, Donald Trump that you can't bully us. You can't trample over us. These are our rights to our father, through his legacy through our inherent inheritance. And we're going to make sure we reap the financial benefits as well as the moral um, economical political any other benefits that could come they're going to reap those benefits as they rightfully should. And I like the fact that you said morrel there because again, listening to some other words that Isaac Hayes, has been the third has been speaking out about He says that this is not a political issue for him Instead, it's just 1 of morality. its kind of spending some time with them. Would you say that that is just sort of the path that they want to make sure? that everyone in the public understands as well? I've represented Isis for a while Right now, and we've never had 1 political conversation. He's never once said anything remotely of, you know, I'm for the Democrats. So I'm doing this, you know, for this and that person or I'm hoping to help this, he's never once said that his whole Focus has been He has 7 sisters. he has nieces. and he feels strongly. his father would not want his music associated with Donald. Trump. giving Donald Trump's convictions giving his reputation giving the alleged conduct that Donald Trump engages with dealing with women. So, Isaac Hayes has been very clear in his interviews. given his family Dynamics in the number of women in his family and the number of sisters that he has that. That's what this is about for him. He's never made it about politics. and knowing that, like you said this case is far from over. the next steps. Have to start being taken place. What can you sort of walk us through for us to be able who are going to be tracking this? Of course? what are you going to be seeing over the next few months? And when do you anticipate that? you'll be back there in that courtroom. Obviously without giving up too much of our strategy. the standard procedures you would go into discovery. Now that the injunction is up the judge will call a meeting, probably establish a scheduling order and we'll talk about. deadlines for when things are due motions. briefs. Uh, Discovery depositions, all that kind of stuff. that'll be the next process here. We'll start subpoenaing people. We'll start subpoenaing records. we'll start interviewing Donald Trump or his handlers, but that it basically, Just moved into a full. litigation mode. of the things you do before you get the trial. all right, that's when James L Walker Jr. There representing the H Donald Trump and other political organizations from using songs that are unlicensed James. Thank you so much for your time. We really appreciate it. And those were just some comments earlier from the Hayes family lawyer, of course, I did tell you earlier, We do also have some sound earlier from today outside of the courthouse. The Trump Administration lawyer there was there as well making some comments about this injunction that the judge ruled on. Let's go ahead and bring those to you now as well. so you can hear what the Trump side has to say as well. I think. It's very deliberate, very careful. very thoughtful. he did order a partial injunction. with respect to. future use of the song which you have we had already agreed. We would not be. making. so that we consider to be a a wash we decided not to do that because of the interest of the campaign. I'm sorry. the interest, the campaign, doesn't has no interest in. annoying. or hurting anyone. and if the Hayes family feels that it hurts or annoys them. that's fine. We we're not going to we're not going to force the issue. Uh, most important to us at the moment. Was that the judge In recognition of really important free speech, and political. speech. uh, interests acknowledge that it would be excessively. Broad use of his injunction power, which is prohibited by the federal rules, as well as the United States Constitution. for him to have issued an order that would have a uh, would have resulted in the campaign being forced to take down videos. So we're very gratified. about how it came up. and I think it's very important for us to understand that the fair use argument that we that we've been making is based on. the way that the video appears. more or less in the background. of the video. I'm sorry with the that the song appears in the background of the video, we did when alerted to the issue. Um, get a license we got a license because, creators were entitled to be. compensated for their work. We believe in and we believe obviously, the campaign believes that Mr. Trump believes in following the law. when when the issue was brought to our attention, we got a license. in terms of fair use though that comes in at the video level, the idea that that entire videos, That have that music in the background should be taken down. That's where the fair use. Uh, argument comes in and I'd be happy to to to to give a primer on fair use. But I don't think. I, I don't think we're up for that today, especially again, those were just some of the comments from the campaigns lawyer there. For that, you saying that they were just responding to that judges injunction to them using the song saying that they won't be using it going forward? They don't want to annoy the family But again, this is a case that's going to continue