Ban on Trump playing song does not mean he 'lost a $50 million lawsuit' | Fact check
The claim: Trump ‘lost a $50 million lawsuit’ over rally music
A Sept. 4 Instagram post (direct link, archive link) shows an image from liberal group Occupy Democrats that includes photos of late musician Isaac Hayes and former President Donald Trump.
“BREAKING: Donald Trump lost a $50 million lawsuit yesterday for using Isaac Hayes music and song ‘Hold On’ at his rallies and refusing to stop doing it for copyright violations,” reads text in the image, which quotes a post on X, formerly Twitter. “Why wasn’t this a major headline. If Trump had won it would’ve been.”
The Instagram post received more than 9,000 likes in two days. Similar versions received tens of thousands of additional likes before they were deleted. A version posted by Occupy Democrats was shared thousands of times but was corrected after the group was contacted by USA TODAY. The X post quoted in the image – which includes a TikTok video – also circulated widely.
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Our rating: False
Trump had not lost the lawsuit at the time the post was shared, and it remained unresolved as of Sept. 6. The claim mischaracterizes a temporary injunction that bars Trump from playing the song at campaign events. The lawsuit in question is seeking $3 million, not $50 million.
Judge granted temporary injunction, but lawsuit remains unresolved
A number of musicians and their estates have asked Trump to not use their music at his rallies. The Hayes estate and its licensing company sued Trump, his campaign and others Aug. 16 over the unauthorized use of the 1966 Sam and Dave hit “Hold On, I’m Coming" co-written by Hayes, who died in 2008 at 65.
But contrary to the claim, at the time the post was shared, Trump had not lost that lawsuit. It remained unresolved as of Sept. 6 and had not yet gone to trial.
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The post mischaracterizes a temporary injunction granted by a federal judge on Sept. 3. While it blocks Trump from playing the song at future campaign events, it does not mean the case has been closed. (The injunction also denied the estate’s request to remove recordings of past events at which it was played.)
“No damages have been awarded, and no liability has been assessed,” Ronald Coleman, an attorney representing Trump, told USA TODAY.
A day after the decision from Judge Thomas W. Thrash Jr., attorneys for Trump and the other defendants filed a motion to withdraw their request to postpone a Sept. 5 deposition of officials from music rights management company BMI Inc., court documents indicate. Had Trump already “lost” the lawsuit, as the post claims, there would be no need for such a postponement.
Additionally, there is no credible evidence to support the claim that the sum of money involved totals $50 million. There is no mention of that figure in the 31-page lawsuit or in reports from legitimate media outlets, and Coleman said he has “no idea” of its source. The Hayes estate is seeking $3 million in licensing fees, according to a copyright infringement claim shared to Instagram on Aug. 11 by Hayes’ son.
USA TODAY reached out to an attorney for the Hayes estate, the X user quoted in the image and the TikTok user whose video was shared but did not immediately receive responses. None of the social media users who responded to inquiries from USA TODAY provided evidence to support the claim.
Our fact-check sources:
Ronald Coleman, Sept. 5, Email exchange with USA TODAY
USA TODAY, Sept. 4, Donald Trump's campaign prohibited from using Isaac Hayes song after lawsuit threat
BBC, Sept. 4, Trump ordered to stop using Isaac Hayes' music
ABC News, Sept. 3, Trump campaign ordered to stop using Isaac Hayes song at rallies after family sues
The New York Times, Sept. 3, Trump Ordered to Stop Using Isaac Hayes Song at Rallies
U.S. District Court, Northern District of Georgia (Court Listener), Sept. 6, Isaac Hayes Enterprises LLC v. Trump
U.S. District Court, Northern District of Georgia (Court Listener), Sept. 3, Isaac Hayes Enterprises LLC v. Trump – Order on Motion for Preliminary Injunction – Document No. 50
U.S. District Court, Northern District of Georgia (Court Listener), Aug. 16, Isaac Hayes Enterprises LLC v. Trump, Complaint – Document No. 1
U.S. District Court, Northern District of Georgia (Court Listener), Sept. 4, Isaac Hayes Enterprises LLC v. Trump, Notice (Other) – Document No. 52
Isaac Hayes III, Aug. 11, Instagram post
USA TODAY, Aug. 13, Isaac Hayes' family demands Trump stop using his song at rallies, $3M in fees
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This article originally appeared on USA TODAY: False claim Trump lost lawsuit over Isaac Hayes song | Fact check