The Republican National Committee wants more time to respond to a lawsuit taken by the son of the late soul singer Isaac Hayes over the use of one of his father’s hit tunes.
Isaac Hayes III is suing Donald Trump and the RNC for playing the 1966 song Hold On, I’m Coming at Trump rallies.
The RNC’s lawyer has told a federal judge that it should not have to incur the expense of replying as Isaac Hayes III has already indicated that he wants to amend his written complaint.
Donald Trump walks off the stage to Hold On, I’m Coming on. A lawsuit by the son of the late soul singer, Isaac Hayes, who wrote the song, alleges that Trump has no right to use it.
Anna Moneymaker/Getty Images
The RNC’s attorney wants to see the amended complaint before issuing his response, and is therefore requesting that the judge extend his reply deadline beyond Friday, September 13.
In a weekend motion filed to Judge Thomas Thrash in Atlanta, Georgia, RNC lawyer, Brian C. Lea wrote that “it would serve little purpose to require the RNC to incur the expense of responding to a complaint for which Plaintiffs plan to seek leave to amend.”
He also requests that his delay motion be dealt with as soon as possible so that the RNC does not have to waste money unnecessarily.
“The RNC respectfully requests that the Court decide this Motion on an expedited basis, in advance of the September 13 deadline for responding to the currently operative Amended Complaint,” he wrote.
“Unless and until this Court grants this Motion, the RNC will be compelled to spend time and resources preparing a response to the complaint that Plaintiffs intend to amend.”
“And of course, when the September 13 deadline for responding to the Amended Complaint expires, this Motion will become moot.”
Newsweek sought email comment from the RNC and the Trump campaign on Monday.
Hayes ranks among America’s most acclaimed musicians and died aged 65, in 2008, after a career that spanned five decades and also included winning an Oscar for best musical score with Theme from Shaft in 1972.
The singer’s estate is trying to stop the Trump campaign from using the song Hold On, I’m Coming, saying they hadn’t received permission to use the 1966 track.
The hit was played at Trump rallies and Isaac Hayes III has sent a cease and desist letter to the Trump campaign, along with a demand for $3 million in royalties and $150,000 for each additional time Trump uses the song.
On September 3, Thrash granted Hayes a temporary injunction, which prohibits the RNC and the Trump campaign from using the song until the case has been decided.
Even before the injunction was granted, both defendants said they would not use the song while the case continued.
Hayes cowrote Sam & Dave’s hit Hold On I’m Coming with David Porter and signed over the rights to Stax Records. The songwriting partners were inducted into the Songwriters Hall of Fame in 2005 after winning recognition for this and a string of other hits including Soul Man, also performed by Sam & Dave.
The court submissions from Trump’s lawyer, William Bradley Carver Sr, has included a letter from Sam Moore, the 88-year-old surviving member of Sam & Dave.
In his letter, Moore told the court Hayes was friends with prominent members of the RNC, including its former chairman, Lee Atwater.
“I wish to bring to the Court’s attention that there is good reason for it to reject the presumptions suggested by the plaintiffs concerning the political views of Isaac Hayes.”
“In fact, during his life, Isaac Hayes, my wife Joyce and I traveled to Columbia, South Carolina to perform at the 20th High School Reunion of Lee Atwater when he was Chairman of the Republican National Committee,’ it states.
Moore played at Trump’s pre-inauguration party in January, 2021 and said he could not understand why people were so opposed to Trump becoming president.
Trump’s submission also includes a copy of the written permission the campaign obtained from BMI, the organization that safeguards music copyright.
