Isaac Lee Hayes Jr. was an influential American singer, songwriter, composer, and actor known for developing Southern soul music. Alongside David Porter, he made significant contributions to the music industry.
He was inducted into the Rock and Roll Hall of Fame and the Songwriters Hall of Fame. Hayes had 11 children and was married four times. He died on August 10, 2008, at the age of 65, following a stroke in 2006.
Hold On, I’m Coming
Isaac Hayes’ family has instructed Donald Trump to cease using the song “Hold On, I’m Coming” at his campaign rallies. In a letter addressed to Trump and his team and later posted on social media by Hayes’ son, they threatened to take legal action against the former US President if he did not comply by August 16.
The family is also requesting $3 million in licensing fees for the repeated use of the song during the 2022 to 2024 campaign period. The music, famously performed by soul duo Sam and Dave, is a regular fixture at Trump’s rallies, often playing before and after his speeches.
Isaac Hayes III, Hayes’ son, further explained his objections to the Trump campaign.
In an Instagram post, he wrote, “Donald Trump epitomises a lack of integrity and class, not only through his continuous use of my father’s music without permission but also through his history of sexual abuse against women and his racist rhetoric.”
He also stated, “This behaviour will no longer be tolerated, and we will take swift action to put an end to it.”
Dave Porter, who co-wrote the song, also stated that he disapproved of its use for Trump’s purposes.
Sam Moore, who sang the original hit recording, objected to Barack Obama’s use of the song in his 2008 presidential campaign. In a statement then, he said, “I have not agreed to endorse you for the highest office in our land.” He added, “My vote is a private matter between myself and the ballot box.”
Cease and desist orders
The Hayes family is the latest in a long line of musicians to express discontent about the Trump campaign.
Many other artists, including The Beatles, Neil Young, Adele, Bruce Springsteen, Sinead O’Connor, and Aerosmith, have issued cease-and-desist orders to the politician, demonstrating their unwavering determination to protect their rights. The backlash from artists has become so widespread that the topic has its own Wikipedia page.
However, musicians have only achieved limited success in preventing politicians from using their music.
Political Entities License
In the US, campaigns must obtain a Political Entities License from the music rights body BMI, which grants them access to more than 20 million tracks for use in their rallies.
This license is granted to a specific campaign of an individual candidate. It is valid only until the candidate is sworn into office, not for the candidate’s entire term in office. These licenses would ensure that, regardless of the campaign stop location, the music performances at the events would comply with copyright law.
Although artists and publishers can request the removal of their music from the list, organisers rarely check the database to ensure they have clearance.
The Rolling Stones have done so. Eminem has done the same after objecting to Mr. Ramaswamy’s impromptu rendition of “Lose Yourself.”
The rapper didn’t know the blanket license covered his music until then.
Public Performance licences
Many venues have appropriate “public performance” licenses, typically ASCAP licenses for convention centres, arenas, and hotels, but they do not cover music use during conventions, expositions, and campaign events. Suppose a campaign is hosting numerous events at various venues. In that case, it might be simpler for the campaign to acquire a public performance license from ASCAP (and possibly other US performing rights organisations if the music is licensed through one of them).
John McCain
Larry Iser, a lawyer representing Jackson Browne when he sued Republican candidate John McCain for one of his songs in a 2008 commercial, stated, “They don’t care as much about artists’ rights as perhaps you’d want.”
He went on to say, “It’s not just the Trump campaign. Most political campaigns aren’t keen about just taking the song down.”
Hayes’ family said it “repeatedly” asked Trump to stop using the song without success.
Cases rarely, if ever, go to court, and both sides typically back down after a flurry of legal letters.
Celine Dion
The Trump campaign has played Dion’s “My Heart Will Go On,” prompting the Quebecois-born singer to post on social media, “In no way is this use authorised, and Celine Dion does not endorse this or any similar use.”
The statement of the famously tragic single concluded, “…And really, THAT song?”
Recent additions to the broad swath of artists who denounce Trump’s use of their music include Johnny Marr and the estate of Sinéad O’Connor, further strengthening the collective voice of the artists in their objection.
Legally, US politicians sometimes need direct permission from artists.
Political campaigns can buy licensing packages from music rights organisations like BMI and ASCAP, providing them with legal access to more than 20 million songs for political rallies. An apparent problem with the US model resulted in artists like Adele, Neil Young, Phil Collins, and the estates of Tom Petty and Prince objecting to Mr Trump’s use of their music in 2016 and 2020 after the fact, highlighting their frustration with the current system and the need for change.
In 2020, more than 50 musicians, including Sir Mick Jagger, Lorde, Sia, and Blondie, signed an open letter complaining about that loophole.