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Trump campaign must stop using Isaac Hayes song after lawsuit from family

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A federal judge in Atlanta ruled Tuesday that former President Donald Trump and his campaign must stop using the song “Hold On, I’m Coming” while the family of one of the song’s co-writers pursues a lawsuit against the former president over its use.

The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and several of his allies had infringed its copyright and should pay damages. After a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he denied a request to force the campaign to take down any existing videos that include the song.

Hayes, who died in 2008 at age 65, and David Porter co-wrote “Hold On, I’m Coming,” a 1966 hit for soul duo Sam & Dave — made up of Sam Moore and the late David Prater Jr.

Ronald Coleman, an attorney for Trump, told CBS News that the former president and his campaign had already ceased using the song. 

“We’re very gratified that the court recognized the First Amendment issues at stake and didn’t order a takedown of existing videos,” Coleman said. 

Hayes’ son, Isaac Hayes III, told reporters he was “very grateful and happy” for the judge’s decision.

“I want this to serve as an opportunity for other artists to come forward that don’t want their music used by Donald Trump or other political entities and continue to fight for music artists’ rights and copyright,” he said.

A string of artists and their heirs have objected to Trump using their songs during his events. After a Trump campaign rally in Bozeman, Montana, last month featured a video of Celine Dion performing “My Heart Will Go On,” her team put out a statement saying the singer didn’t endorse that use of her song and saying “in no way is this use authorized.”

Ahead of the 2020 election, Bruce Springsteen, Rihanna, Phil Collins, Pharrell, John Fogerty, Neil Young, Eddy Grant, Panic! at the Disco, R.E.M. and Guns N’ Roses all objected to Trump using their songs.

When he learned in 2022 that Trump had used “Hold On, I’m Coming” at an NRA rally, Porter tweeted “Hell to the NO!” But Sam Moore, of Sam & Dave, had performed “America the Beautiful” at a pre-inauguration concert for Trump and suggested in a sworn statement filed with the court over the weekend by Trump and his campaign that he was opposed to the action sought by Hayes’ estate.

Tuesday’s ruling was a preliminary one and the litigation remains ongoing.

The lawsuit filed by the estate of Isaac Hayes Jr. and Isaac Hayes Enterprises says Hayes and Porter were the owners of all rights to the song, including the copyright, and that Isaac Hayes Enterprises is the current owner.

The lawsuit says Trump and his campaign began using the song in 2020 as “outro” music for his appearances and campaign events and has used it at least 133 times since then. Universal Music Group and Warner Chappell music, publishers contracted by Isaac Hayes Enterprises, sent a cease-and-desist letter to the Trump campaign in 2020, it says.

Trump and his campaign never sought permission or consent from Hayes’ estate or Isaac Hayes Enterprises until this year and have not obtained a valid public performance license for it, the lawsuit says. The song’s use by Trump and his campaign constitutes “false and/or misleading” uses of Hayes’ “widely recognized celebrity and legacy” and could deceive the public into believing there is an endorsement or business relationship between the plaintiffs and Trump and his campaign, the lawsuit says.

The lawsuit says the plaintiffs have “incurred significant economic damages” as a result and argues that they should get actual and punitive damages for each proven infringement.

Lawyers for Trump and his campaign wrote in a filing with the court that the Hayes estate and Isaac Hayes Enterprises, have failed to show that they own the copyright at issue and cannot show that they have suffered any harm. The campaign obtained a license from BMI Music in November 2022 authorizing it to use “Hold On, I’m Coming,” the filing says.

The fact that the song can be heard as background music in some campaign videos is protected by the principle of fair use and “cannot possibly have an effect on the market value of the Song,” Trump’s lawyers wrote.

A sworn statement from Trump campaign deputy manager Justin Caporale submitted to the court says that “out of respect for the pending litigation” the campaign will no longer play the song at its events.

In his statement filed with the court, Moore said Hayes’ estate has made his biography and legacy the focus of the litigation, but that “Isaac’s is not the only significant biography and legacy involved in this matter.” As one of the singers on “Hold On, I’m Coming,” Moore said that the public associates his voice, name and identity with the song “at least as much, if not more, than the name of Isaac Hayes.”

Moore said all licensing for the song is controlled by Universal Music Group Publishing.

Moore said he fears that if the court were to grant the wishes of Hayes’ estate that he might be prohibited from ever appearing and performing the song at a Trump event during or after the election.

contributed to this report.



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Missing hiker found alive after surviving more than 6 weeks in remote Canada wilderness

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A hiker was found alive this week in the remote wilderness of northwestern Canada, where he had been lost for more than six weeks, authorities said.

Sam Benastick was initially reported missing on Oct. 19 after failing to return from a backcountry trip in Redfern-Kiely Provincial Park, an isolated landscape known for its alpine tundra and stark mountainscape in the northern Rockies of British Columbia. Two men spotted Benastick Tuesday on their way to the park’s Redfern Lake trail for work, according to the Royal Canadian Mounted Police. Recognizing him as the missing hiker, they took Benastick to a hospital.

Benastick told police he had stayed in his car for a couple of days at the start of his backcountry trip, before walking to a mountainside creek and camping there for 10 or 15 days, the RCMP said. At that point, the hiker said he moved to a different location farther down into the valley and a built a camp and shelter in a dried-out creek bed. Eventually, Benastick found his way to the road where he encountered the Redfern Lake trail employees, well over six weeks after he first set out on his journey.

“Finding Sam alive is the absolute best outcome. After all the time he was missing, it was feared that this was would not be the outcome,” said Corporal Madonna Saunderson, a spokesperson for the RCMP in British Columbia, in a statement.

Benastick, 20, survived extraordinarily harsh conditions. When he was found, the hiker was using two walking sticks to support himself and had cut his sleeping back to wrap the fabric around his legs for warmth, the Canadian broadcaster CBC News reported. Temperatures in the park were frigid while he was missing, at times dropping to -20 degrees Celsius, or -4 degrees Fahrenheit, according to BBC News, a CBS News partner.

“Those are very difficult conditions for really anyone to survive in, especially [with] limited supplies and equipment and food,” Prince George Search and Rescue search manager Adam Hawkins told the BBC.

Mike Reid, the general manager of the inn near Redfern-Kiely Provincial Park where Benastick’s family stayed as search efforts got underway in October, told CBC News that Benastick was in “rough shape” Tuesday. But he is expected to recover.

Authorities initiated a massive search for Benastick when the missing person report for him was filed, but that search was called off at the end of October, BBC News reported. Police said they intend to gather more information about what happened to the hiker and why he remained missing for so long once Benastick’s health has improved.





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The foods chefs urge people to try during Native American Heritage Month (and beyond)

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The United States is known as a great melting of people, food and culture. In major cities across the country like New York, Chicago and Los Angeles, people can find nearly any cuisine that fits their heart’s desire.

However, as Chef Sean Sherman of the Oglala Lakota Tribe has pointed out in the past, these cities have few – if any – restaurants focused on Indigenous cuisines from the more than 570 recognized American Indian tribes and Alaska Native entities. Each of these tribes has their own distinct food traditions.

US-ENVIRONMENT-CLIMATE-INDIGENOUS
Food harvested by an indigenous woman in the Shinnecock Indian Nation sits on a table after being picked from her garden in Southampton on July 26, 2022.

KENA BETANCUR/AFP via Getty Images


Eateries like Watecha Bowl, Tocabe: An American Indian Eatery, and Owamni aim to change that by reviving or paying homage to the centuries-old techniques and flavors passed down through generations.

“We all are on the same mission of food sovereignty,” Watecha Bowl owner and entrepreneur Lawrence West told CBS News. “And introducing the world to Native American food.”

West is a member of the Cheyenne River Sioux Tribe.

“The things that I cook and the way that I prepare food is very important because it only represents a certain heritage of people,” he said.

Restaurant options around the country

West’s restaurant Watecha Bowl is a fast-food eatery in Sioux Falls, South Dakota that serves food and flavors from the Lakota Nation.

“I’ve had the privilege of feeding people from all over the world,” West said. “I’ve fed people from all 50 states.”

One of the things his restaurant is doing this year giving out an Indian taco in exchange for a toy that will be donated to local Native American kids in foster care, according to the Facebook page with 30,000 followers.

Tocabe: An American Indian Eatery is a fast-casual restaurant that serves build-your-own Native American food in Denver, Colorado. Its goal is to “rebuild the original American food system.” 

Co-founder and President Ben Jacobs, told CBS News that he wants to make his cuisine accessible to everyone while offering a space for Native community members to feel at home. He is a tribal member of the Osage Nation of northeast Oklahoma.

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Indigenous farmland

Tacobe


He said he was inspired to open the eatery because Native food did not seem to have a place in the culinary industry in 2008 when it opened. More than 16 years later, Tocabe’s food still shares stories of community, culture and identity.

In Minneapolis, Minnesota, Chef Sean Sherman’s restaurant Owammni aims to “decolonize” the dining experience by purchasing ingredients from Indigenous food producers that would have been found in North America before European colonization.

“It’s unfortunate that this restaurant is unique. Part of the goal is, how do we normalize something that’s healthy and Indigenous? We’re showing a model that’s possible,” Sherman wrote in a recent blog post on the restaurant’s website.

What are the essential dishes to try?

According to West, wojapi is a must-have. The thick berry sauce is one of the most traditional foods of the American plains. It can be used as a dip, on frybread, meat or even as is.

Next is bison, particularly chislic, invented in South Dakota. Third is wild rice with maple syrup. 

Frybread is one of the most popular Native American foods. But West said this was embraced out of necessity when the U.S. government forced assimilation with stipends during the land grab and the Trail of Tears. 

Jacobs emphasizes, though, that ingredients found in local grocery stores like corn, beans, squash, tomatoes, potatoes, peppers and chillies originate “right here” in America. Those are Native foods, too. He said he hopes all Americans should understand where our food comes from and appreciate the story behind it. 

The Tacobe Indigenous Marketplace offers common, or not-so-common, ingredients, but they are sourced from Native producers on tribal lands. 

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Corn cooking at Tocabe: An American Indian Eatery in Denver, Colorado. 

Tacobe


A history of food

Native American food is not mainstream for a variety of reasons.

Sherman pointed to the idea of “manifest destiny,” or the 19th-century belief that the U.S. was “destined” by God to expand across North America to spread democracy and capitalism.

West and Sherman also pointed to “forced assimilation,” or the U.S. government’s aim to make Native people adopt the customs, values and behaviors of the dominant culture. Laws like The Indian Removal Act of 1830, The Homestead Act of 1862, The Dawes Act of 1887 and others helped make this happen. 

According to Britannica, The Trail of Tears refers to the forced relocation of Native people in the Southeastern U.S. during the 1830s. Tribal military records estimate that around 100,000 indigenous people were forcibly removed from their homes.  

Policies like these disrupted Native food systems, leading to food insecurity and poor health outcomes, according to the Center on Budget and Policy Priorities (CBPP).

The CBPP said the U.S. has made treaties with tribes since the 1700s, promising to provide Indigenous people with rations, giving them food like lard, wheat and flour, which were often unhealthy. 

According to the 2023 U.S. Census data, around 1.3% of Americans identify as American Indian or Native American. 

Jacobs said after centuries of the American government deconstructing Native food systems, “we’re trying to rebuild.”

“I think we’re at a point now that we can control our food again, which means we can control our future,” he said.



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