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BumRushDaShow

(169,219 posts)
Tue Sep 3, 2024, 09:39 AM Sep 2024

Trump campaign says Isaac Hayes' estate does not own the copyright to classic song being played at rallies

Source: Law & Crime

Sep 2nd, 2024, 10:09 pm


Donald Trump‘s presidential campaign over the weekend responded to a lawsuit filed by the estate of soul musician Isaac Hayes over allegations the candidate has been using the 1966 Sam and Dave song “Hold On, I’m Comin’” at campaign events without permission.

Isaac Hayes III, the son of the late songwriter — who co-penned the song with David Porter — announced the lawsuit in early August.

Last week, a federal judge in Georgia set an emergency hearing after the estate requested an emergency injunction to stop Trump, and various related entities, from using the song.

On Saturday, in a 23-page filing, Trump’s campaign argued that Hayes’ estate “failed to meet any of the well-established requirements on which the extraordinary relief of a preliminary injunction must be grounded.” Central to the defense’s argument is the claim that Hayes’ estate does not even own the copyright to the disputed song.

Read more: https://lawandcrime.com/high-profile/trump-campaign-says-isaac-hayes-estate-does-not-own-the-copyright-to-classic-song-being-played-at-rallies-and-suggests-the-musician-was-personally-fond-of-the-gop/



Full headline: Trump campaign says Isaac Hayes’ estate does not own the copyright to classic song being played at rallies and suggests the musician was personally fond of the GOP

Link to FILING (PDF viewer) - https://www.documentcloud.org/documents/25084892-trump-campaign-hayes
Link to FILING (PDF) - https://s3.documentcloud.org/documents/25084892/trump-campaign-hayes.pdf
18 replies = new reply since forum marked as read
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Trump campaign says Isaac Hayes' estate does not own the copyright to classic song being played at rallies (Original Post) BumRushDaShow Sep 2024 OP
Why don't they just play..... MyOwnPeace Sep 2024 #1
Nope. "Jailbait" nt cactusfractal Sep 2024 #5
Probably Because... GB_RN Sep 2024 #8
WANG DANG SWEET POONTANG! Mawspam2 Sep 2024 #17
This will be fun to watch LetMyPeopleVote Sep 2024 #2
Trump's donors should know that the money they donate is used for their master's whimsical legal flings. Midnight Writer Sep 2024 #3
Doubling down on hating BLACK PEOPLE, I say! machoneman Sep 2024 #4
From IsaccHayesIII twitter irisblue Sep 2024 #6
A big "Oops". Here's the letter in the 2nd tweet/X BumRushDaShow Sep 2024 #12
Good find! I hope Hayes wins! LeftInTX Sep 2024 #16
"Shaft" may be more appropriate tonekat Sep 2024 #7
What a fortunate coincidence! Grokenstein Sep 2024 #9
Most artists do not own the rights to their music. LeftInTX Sep 2024 #13
Trump lies Mysterian Sep 2024 #10
It's too much to ask TSF n his campaign to not use music they don't have permission to use. Deuxcents Sep 2024 #11
They don't care because legally, the music license is held by the same groups that pipe it into LeftInTX Sep 2024 #15
They could stick to recordings of patriotic public domain songs performed by the Air Force band. Oopsie Daisy Sep 2024 #14
Shaft Kid Berwyn Sep 2024 #18

MyOwnPeace

(17,539 posts)
1. Why don't they just play.....
Tue Sep 3, 2024, 09:49 AM
Sep 2024

music by his own avowed supporters and ass-kissers, you know, like Ted ‘Shits-his-pants-for-the-draft’ Nugent?
Seems to me that “Cat Scratch Fever” would be the perfect theme song for this ticket!

GB_RN

(3,551 posts)
8. Probably Because...
Tue Sep 3, 2024, 10:38 AM
Sep 2024

At most venues, the music has been licensed from the record label, and then they can pick shit out of that available playlist. Also, any controversy that’s ginned up from playing shit that the musicians might object to being played by the politician is free publicity. And with some politicians, like Cantaloupe Caligula the Corpulent, there’s no such thing as bad publicity.

Midnight Writer

(25,355 posts)
3. Trump's donors should know that the money they donate is used for their master's whimsical legal flings.
Tue Sep 3, 2024, 10:01 AM
Sep 2024

What value is the use of this particular song to the Trump campaign?

Instead of just using a different song, Trump is compelled to instead "double-down" and getting into a court battle.

More legal fees, paid by donors, so Trump doesn't have to "back down" on an issue that doesn't even benefit him.

He is more likely to alienate fans of the song by using it against the express wishes of this family than to gain support from using this song. But he doesn't care, because it is all about TFG's ego.

irisblue

(37,427 posts)
6. From IsaccHayesIII twitter
Tue Sep 3, 2024, 10:18 AM
Sep 2024

--




Trump or his companies have filed at least 50 to 100 lawsuits specifically related to trademark infringement. Of these, a significant number would involve the protection of the “Trump” brand.”

“It’s cool when they do it, it’s a problem when I do it. F**k em.”

- Finesse2Tymes

--


🚨BREAKING: READ THIS. Donald Trump for President has been claiming they had a valid
@BMI
license to play “Hold On, I’m Coming” for weeks. FALSE. Donald Trump for President has not had valid license for nealy 100 days, and
@realDonaldTrump
has NEVER had a license. Not to mention the numerous uses before Nov. 30th, 2022.

This letter comes directly from BMI.
@jameslwalkeresq
and team are ready for court tomorrow.


--





🍿🍿🍿🍿🍿


BumRushDaShow

(169,219 posts)
12. A big "Oops". Here's the letter in the 2nd tweet/X
Tue Sep 3, 2024, 11:00 AM
Sep 2024




(I guess they'll say it was" lost in the mail" even though it was sent via an email and Fedex hard copy)

LeftInTX

(34,206 posts)
16. Good find! I hope Hayes wins!
Tue Sep 3, 2024, 11:15 AM
Sep 2024

The Stax label is very complicated! In the late 70's, the artists lost all of their rights when the label was sold. When Stax started up again, they could only get rights to new music. However, the co-writer is still alive! There also may be a clause due to all the litigation involved.


https://en.wikipedia.org/wiki/David_Porter_(musician)

Grokenstein

(6,345 posts)
9. What a fortunate coincidence!
Tue Sep 3, 2024, 10:39 AM
Sep 2024

...That the campaign known for using songs without permission just happens to be in the right this time!! /s!!

No, I get it, the whole "we do what we want and our people will wreck anyone who tries to stop us" shtick is a "power move" meant to impress idiots who think they're watching Scarface but have forgotten the ending.

LeftInTX

(34,206 posts)
13. Most artists do not own the rights to their music.
Tue Sep 3, 2024, 11:11 AM
Sep 2024

Music is obtained via the same source that bulk music is obtained. (Piped in music at bars, clubs, Walmart, the grocery store etc) In this case, Trump is claiming the rights were obtained from https://www.umusicpub.com/ and Warner Bros music.


Isaac Hayes estate is complicated because he was with Stax and their music was bought out numerous times. Apparently, Hayes obtained some rights to Stax music, but it may have been that Hayes did not obtain rights to music that was produced for Stax before a certain year. It's complicated. Trump campaign is saying the copyright was sold to UMPG.

Hayes' son is stating that his father reobtained the rights to his music after it was sold. Hayes is also claiming they obtained the rights earlier this year.

It sucks. No one asks for permission because the music belongs to licensing groups.

Deuxcents

(26,732 posts)
11. It's too much to ask TSF n his campaign to not use music they don't have permission to use.
Tue Sep 3, 2024, 10:59 AM
Sep 2024

When an artist says no , they should honor that request. That’s it. Easy to do but not for them because they don’t respect anyone

LeftInTX

(34,206 posts)
15. They don't care because legally, the music license is held by the same groups that pipe it into
Tue Sep 3, 2024, 11:14 AM
Sep 2024

grocery stores, restaurants and Wal Mart.


So, they just don't respect the artist because they don't have to.

Oopsie Daisy

(6,670 posts)
14. They could stick to recordings of patriotic public domain songs performed by the Air Force band.
Tue Sep 3, 2024, 11:13 AM
Sep 2024

It's my understanding that works created by the U.S. federal government are generally not eligible for copyright protection under U.S. copyright law. This includes works created by federal government employees as part of their official duties.

The U.S. Air Force Band is a part of the U.S. federal government, and recordings created by the band as part of their official duties would likely fall under this exemption. Therefore, audio recordings performed by the U.S. Air Force Band are likely considered to be in the public domain and not subject to copyright protection.

Here's a playlist to consider:

"The Star-Spangled Banner": The national anthem of the United States, often performed at the beginning of official events and gatherings.
"America the Beautiful": A classic patriotic song that celebrates the natural beauty of the United States.
"God Bless America": A beloved patriotic song that invokes blessings on the country and its people.
"Battle Hymn of the Republic": A powerful and stirring song that dates back to the American Civil War.
"My Country, 'Tis of Thee" (also known as "America&quot : A patriotic hymn that echoes the sentiments of national pride and unity.
"Yankee Doodle": A traditional American song that has become a symbol of American patriotism.
"Armed Forces Medley": A compilation of the official songs of each branch of the U.S. military, including the Air Force Song ("Off We Go Into the Wild Blue Yonder&quot .
"Semper Paratus": The official march of the U.S. Coast Guard, often included in patriotic performances.
"Stars and Stripes Forever": A patriotic American march by John Philip Sousa, commonly associated with celebrations and patriotic events.
"Dixie": Perhaps the most well-known Confederate song, "Dixie" was a popular anthem that celebrated the Southern way of life and the Confederacy. While the song itself doesn't explicitly glorify the Confederacy, its association with the South and its adoption as a Confederate anthem contributed to its symbolic significance.
"The Bonnie Blue Flag": This song, with lyrics by Harry McCarthy, was another popular Confederate anthem that symbolized Southern pride and independence. It glorified the Confederate flag and the Southern cause.
"Maryland, My Maryland": Written by James Ryder Randall, this song called on Maryland to join the Confederacy and portrayed President Lincoln and the Union in a negative light.
"I Wish I Was in Dixie's Land": This song, also known as "Dixie's Land," celebrated the South and yearned for the Southern way of life, evoking nostalgia for the antebellum era.
"The Southern Soldier Boy": This song romanticized the Confederate soldier's sacrifice and valor in defense of the South.

And some Stephen Foster favorites are also in the public domain:

"Oh! Susanna"
"Camptown Races"
"Beautiful Dreamer"
"My Old Kentucky Home" ✳️
"Old Folks at Home" (also known as "Swanee River&quot ✳️

✳️ These two songs may be popular with a Trump crowd because of their romanticized portrayal of the antebellum South and slavery. The lyrics evoke a nostalgic view of plantation life, which can be seen as culturally insensitive and perpetuating stereotypes.

Other songs that would be welcomed at a Trump rally include: "When It's Night Time in Dixie Land" and "Mississippi Mud"

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