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 Trumps 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, Im 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, Trumps 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 defenses 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
MyOwnPeace
(17,539 posts)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!
cactusfractal
(578 posts)GB_RN
(3,551 posts)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 thats 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, theres no such thing as bad publicity.
Mawspam2
(1,102 posts)LetMyPeopleVote
(179,305 posts)Midnight Writer
(25,355 posts)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.
machoneman
(4,128 posts)irisblue
(37,427 posts)--
Link to tweet
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.
Its cool when they do it, its a problem when I do it. F**k em.
- Finesse2Tymes
--
Link to tweet
🚨BREAKING: READ THIS. Donald Trump for President has been claiming they had a valid
@BMI
license to play Hold On, Im 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.
--
Link to tweet
🍿🍿🍿🍿🍿
BumRushDaShow
(169,219 posts)
(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)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)
tonekat
(2,524 posts)As in...Felon 34 will give everyone the Shaft.
Grokenstein
(6,345 posts)...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)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.
Mysterian
(6,436 posts)What a surprise.
Deuxcents
(26,732 posts)When an artist says no , they should honor that request. Thats it. Easy to do but not for them because they dont respect anyone
LeftInTX
(34,206 posts)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)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"
: 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"
.
"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"
✳️
✳️ 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"
Kid Berwyn
(24,262 posts)It's a great motherfucking album.
Fuck you, Trump.