The late singer-songwriter Isaac Hayes’ family is suing Donald Trump, alleging for the last two years of his 2024 campaign trail, the former president played the song ‘Hold On, I’m Coming‘ during campaign events.
The family and Isaac Hayes Enterprises, represented by Walker & Associates, have issued a formal cease and desist letter demanding immediate action from the Trump campaign and associated entities.
The letter, sent by attorney James L. Walker, Jr., alleges that the Trump campaign and the Republican National Committee (RNC) have repeatedly used Hayes’ song without permission at various political rallies. According to the letter, these unauthorised uses have occurred more than a hundred times, violating multiple provisions of the Copyright Act of 1976.
The latest infringement, as detailed in the letter, took place during a rally in Montana last Friday (August 9).
Demands
The Trump campaign is required to halt all use of the song and any related intellectual property from Isaac Hayes Enterprises or the Hayes estate.
The campaign must then remove all videos featuring the song from all online platforms and any associated media—a demand which extends globally and targets all websites and outlets where the song may be featured.
An official statement must be released by the Trump campaign, clarifying that neither the Hayes family nor Isaac Hayes Enterprises authorised or endorsed the use of the song. This statement should be widely shared on social media platforms.
The letter demands a settlement of US$3 million, which is presented as a reduced fee compared to the potential litigation costs. The standard fee for such multiple infringements could be ten times higher, potentially reaching US$150,000 per use.
Walker & Associates has also requested the preservation of all evidence related to the infringement. This includes both physical and electronic records, such as emails, text messages, social media posts, and any other data pertinent to the case. The preservation of evidence is crucial for any potential litigation and to avoid allegations of intentional infringement.
Potential legal actions
Should the Trump campaign fail to comply with these demands by August 16, 2024, Walker & Associates has indicated that they will pursue all necessary legal actions. This could include filing a federal lawsuit, seeking disgorgement of profits earned from the unauthorized use, maximum statutory damages, and recovery of attorney’s fees and costs.
The letter sheds light on the serious approach taken by Hayes’ estate to protect their intellectual property rights. The demand for immediate action reflects the high stakes involved and the legal consequences that could follow if the issue is not resolved post haste.
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