Johnny Cash’s estate has filed a lawsuit against Coca-Cola for illegally mimicking his voice in their advertisement.
On Tuesday (November 25), the estate filed the complaint in Nashville under the state’s ELVIS Act (via Billboard). This is the first notable lawsuit filed under the ELVIS Act, which went into effect last July.
The act protects a person’s voice from nonconsensual exploitation, and the Cash estate highlighted a recent Coca-Cola ad which contains a jingle that it claims sounds “remarkably” similar to the country legend’s voice. The ad, which has run during college football games since August, is performed by a tribute act called Shawn Barker.
Additionally, the Cash estate claims they have previously given permission for Cash’s songs to be used in ads (‘Ragged Old Flag’ and ‘Personal Jesus’ were used in Super Bowl telecasts). However, the estate says that the soft drink brand “never even bothered to ask the trust for a license”.
Lawyer for the Cash estate Tim Warnock wrote: “Stealing the voice of an artist is theft. It is theft of his integrity, identity and humanity. The trust brings this lawsuit to protect the voice of Johnny Cash — and to send a message that protects the voice of all of the artists whose music enriches our lives.”
The estate seeks a court injunction to remove the offending ad from screens, along with financial compensation for the alleged violation of Cash’s rights of publicity. The estate is also seeking damages based on the reported violation of a federal law against false endorsement, along with the breach of a Tennessee consumer protection statute.
According to Billboard, Coca-Cola “did not immediately return a request for comment on Wednesday (Nov. 26)”. However, despite not being listed as a defendant, Barker’s representative responded to the publication, stating that Barker’s team were “thrilled” to be given the opportunity to sing on the ad.
“Shawn Barker has been performing with his Cash tribute ‘The Man in Black: A Tribute to Johnny Cash’ for over two decades, touring the world sharing his love of Johnny Cash’s music and stories with fans both old and new,” Barker’s manager Joey Waterman said.
Elsewhere, check out Pulp’s sultry cover of Johnny Cash’s ‘The Man Comes Around’