Trump Ordered to Stop Using Isaac Hayes Song at Rallies

District Judge Grants Hayes Estate’s Request for Injunction

Hayes Estate Argues Copyright Infringement

A federal judge has ordered former President Donald Trump to immediately stop playing the Isaac Hayes song “Soul Man” at his political rallies. The Hayes estate filed a copyright infringement lawsuit against Trump’s campaign in 2020, arguing that the campaign had not obtained a license to use the song. Trump’s campaign has used “Soul Man” as a walk-on song for rallies since at least 2015.

Last week, U.S. District Judge Ronnie Abrams granted the Hayes estate’s request for a preliminary injunction, barring Trump from playing the song at rallies. Abrams found that the Hayes estate was likely to succeed on the merits of its copyright infringement claim and that the balance of hardships favored the estate. Abrams also noted that Trump’s campaign had not been prejudiced by the injunction, as it could easily use a different song for rallies.

The Hayes estate is represented by the law firm of Davis Wright Tremaine. Trump’s campaign is represented by the law firm of Jones Day.

Hayes Estate’s Copyright Claim

The Hayes estate’s copyright infringement claim is based on the Copyright Act of 1976. The Copyright Act gives copyright holders the exclusive right to reproduce, distribute, perform, and display their copyrighted works. The estate alleges that Trump’s campaign infringed on its copyright by playing “Soul Man” at rallies without a license.

Trump’s campaign has argued that it has a fair use defense to the copyright infringement claim. Fair use is a defense to copyright infringement that allows the use of copyrighted material without permission for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, and research. Trump’s campaign argues that its use of “Soul Man” is fair use because it is using the song for political purposes.

The court has not yet ruled on Trump’s fair use defense. However, Abrams found that the Hayes estate was likely to succeed on the merits of its copyright infringement claim. Abrams noted that Trump’s campaign had not presented any evidence to support its fair use defense.

Balance of Hardships Favors Hayes Estate

In granting the preliminary injunction, Abrams found that the balance of hardships favored the Hayes estate. Abrams noted that the estate would suffer irreparable harm if Trump’s campaign continued to play “Soul Man” at rallies. The estate has a strong copyright in the song, and Trump’s campaign has not shown that it has a valid fair use defense. Abrams also noted that Trump’s campaign would not be prejudiced by the injunction, as it could easily use a different song for rallies.

The preliminary injunction is a significant victory for the Hayes estate. The injunction prevents Trump’s campaign from playing “Soul Man” at rallies, and it strengthens the estate’s position in the copyright infringement lawsuit.