Do they hold the rights to the songs ?
My question exactly. Many times they do not.
NEW YORK, NY (October 5, 2023) – Primary Wave Music, the leading independent publisher of iconic and legendary music in the world, announces today their partnership with the estate of the legendary singer, actor, songwriter, and composer Isaac Hayes. Terms of the deal will see Primary Wave administer various publishing interests of the award-winner’s estate. In addition, the partnership will grant the dynamic publisher the opportunity to market Isaac’s name, image, and likeness.
When you sell something, you no longer control what is done with it.
“Do they hold the rights to the songs?”
Odds are no.
The way music publishing worked in Issac Hayes’ day:
1. The song’s author would sell 100% of the rights to the song to a music publisher.
2. In return, the author would get a percentage of all publishing income from the song (usually 50%) in perpetuity.
It was a terrible system, designed to rip off the songwriters, but it was the system.
It’s the reason in the late 60’s large artists (The Beatles, Led Zepplin, and such) formed their own publishing companies. So they wouldn’t have to give away their rights (and 50% of their income) to a third party.
Unless Issac Hayes has purchased back the rights to his song catalog (which many artists have done) odds are he doesn’t own the right and they are administered through a 3rd party.
Unless that 3rd party (who is the actual owner of the rights) objects, Trump is in the clear.
Trump has been through this rodeo before with artists refusing to allow him to use their songs. It’s likely they licensed the song through the normal processes.
Isaac Hayes is dead- in 2008. David Porter is 82 and living in Memphis. The two writers were integral in creating Stax Records (now owned by someone else-would take time to research it).
From the 2013 Intellectual Property reform, on “Fair Use”
https://www.copyright.gov/fair-use/
This song clearly is not generating profit for Trump- merely backdrop to rallies. Imagine how much Trump Organization pays for music in all their properties- quite a bit. So this is pretty much a shakedown from whomever thinks they are “due”. Extortion if you will, which needs to be traced to individuals threatening suit for what is likely a licensed performance by the campaign. Generally, songs played (Lee Greenwood gives permission for “God Bless the USA” for public play— and he therefore is paid performance royalties by network media, not demanding what this “family” seems to be alluding to— and btw, the other writer may not agree to any of this and as such, put the kibosh on the whole scheme).This is a tribute to a great song made huge by Sam & Dave to an entire generation of fans (many quite old).
Incidentally:
There are classic Traditional (US Folk songs, not union organizing commie stuff- real American songs) which could be used as public domain.
Quickest way to determine ownership rights would be the joint page “Songview” project of BMI and ASCAP. Here is the link to the publishers of this tune (what percent is not known. And who in this “family of Isaac Hayes” is covered by what publisher is unknown). Did the search and expanded the current 3 publishers listed by name and address:
Sam Moore is still alive and a supporter, I believe. Hire him to do a one song “concert’ at the end of each show.
If one of the commenters after the article is correct, Hayes gave up all rights to his royalties after his bankruptcy. So, his family would have no right to claim this. Again, that’s if the commenter is right.
re: Hold On, I’m Comin’
Isaac Lee Hayes (deceased) and David Porter account for 50% of the rights. Three named publishers account for the other 50%. All are associated with BMI, Broadcast Music, Inc., a performance rights organization
The song was written by the songwriting team of Isaac Hayes and David Porter, who came up with the title of the song spontaneously when Hayes was trying to get Porter to hurry out of the Stax Studios restroom and get back to songwriting.
The original title was “Hold On, I’m Comin’”, but some radio stations objected to its “suggestive nature”, and labels on most copies of the single gave the title as “Hold On! I’m A Comin’”.
Released as Stax 189 in the spring of 1966, the single peaked at number one on the Billboard Hot R&B singles chart and at number 21 on the Billboard Hot 100 in the United States.