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Following a ruling that allowed Isaac Hayes’ estate to continue its copyright infringement lawsuit against former President Donald Trump, the same judge has now partially dismissed various claims while affirming that Trump “personally selected” the song “Hold On, I’m Coming” for use at campaign rallies.
In a dismissal motion filed earlier this year, Trump contended that the Hayes estate had not provided sufficient evidence of his direct involvement in any alleged infringement. However, U.S. District Judge Thomas Thrash’s recent decision, made public last Friday and reported by Rolling Stone, refuted this stance.
Judge Thrash stated, “The plaintiffs allege that defendant Trump ‘personally selected’ the work, performed it at least 133 times, and recorded and published those rallies across various media platforms. Defendant Trump fails to provide rationale as to why these allegations do not indicate infringement of this exclusive right. Therefore, the court will not dismiss any claims against him on this basis.”
While the main copyright infringement claims remain in place, the judge dismissed other aspects of the lawsuit, representing a small victory for Trump. Claims related to “false endorsement” and “right of publicity” were dismissed due to a lack of sufficient allegations about the use of Hayes’ name or likeness in conjunction with the song.
Hayes’ estate initiated legal action last year, asserting that the use of “Hold On” during rallies and in campaign videos was done without permission from Hayes’ heirs. Isaac Hayes III, the musician’s son, expressed his family’s discontent with the infringements via a post on X, formerly known as Twitter.
“Donald Trump embodies the worst aspects of integrity and decency with his disrespectful behavior toward women and racist comments,” he stated at that time. “We will handle this matter promptly.”
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Hayes, who passed away in 2008, co-wrote the iconic track with Stax Records before it was famously performed by the duo Sam & Dave.
In his recent ruling, Judge Thrash also dismissed one co-defendant, Turning Point Action, Inc., a far-right Christian nationalist organization, on jurisdictional grounds. Previously, the Hayes estate had withdrawn claims against the Republican National Committee, the National Rifle Association, and the American Conservative Union.
Source
www.rollingstone.com