Johnny Cash Estate Takes on Coca-Cola Over Alleged Voice Imitation
The John R. Cash Revocable Trust has filed a federal lawsuit against Coca-Cola, claiming that the company's recent college football ad infringed on Johnny Cash's right of publicity under Tennessee's Ensuring Likeness Voice and Image Security Act (ELVIS) Act.
According to the complaint, Coca-Cola hired Shawn Barker, a professional Cash tribute performer, to impersonate the country singer in an advertisement. The estate alleges that the voice used in the commercial sounds "remarkably" like Cash's, and that this is a clear case of unauthorized use of the artist's likeness without permission or compensation.
The lawsuit states that while the trust licenses Johnny Cash's intellectual property, such as his songs "Ragged Old Flag" and "Personal Jesus," which have been used in high-profile events like Super Bowl telecasts, Coca-Cola never sought the estate's permission to use a voice sounding like Cash for their ad. The cash estate believes this constitutes a serious breach of Cash's rights.
"This case arises from Coca-Cola's pirating Johnny Cash's voice in a nationwide advertising campaign to enrich itself — without asking for permission or providing any compensation to the humble man and artist who created the goodwill from which Coca-Cola now profits," the complaint reads.
The cash estate is seeking not only a court injunction that would remove the ad from airing but also financial damages, alleging violations of Cash's rights under the ELVIS Act. While this is the first major case brought under the legislation, it highlights the growing importance of protecting artists' voices and likenesses in an era where deepfakes and voice clones are becoming increasingly prevalent.
A spokesperson for Coca-Cola has yet to comment on the allegations, but the case underscores the need for greater transparency and respect for artists' rights in the use of their likenesses.
The John R. Cash Revocable Trust has filed a federal lawsuit against Coca-Cola, claiming that the company's recent college football ad infringed on Johnny Cash's right of publicity under Tennessee's Ensuring Likeness Voice and Image Security Act (ELVIS) Act.
According to the complaint, Coca-Cola hired Shawn Barker, a professional Cash tribute performer, to impersonate the country singer in an advertisement. The estate alleges that the voice used in the commercial sounds "remarkably" like Cash's, and that this is a clear case of unauthorized use of the artist's likeness without permission or compensation.
The lawsuit states that while the trust licenses Johnny Cash's intellectual property, such as his songs "Ragged Old Flag" and "Personal Jesus," which have been used in high-profile events like Super Bowl telecasts, Coca-Cola never sought the estate's permission to use a voice sounding like Cash for their ad. The cash estate believes this constitutes a serious breach of Cash's rights.
"This case arises from Coca-Cola's pirating Johnny Cash's voice in a nationwide advertising campaign to enrich itself — without asking for permission or providing any compensation to the humble man and artist who created the goodwill from which Coca-Cola now profits," the complaint reads.
The cash estate is seeking not only a court injunction that would remove the ad from airing but also financial damages, alleging violations of Cash's rights under the ELVIS Act. While this is the first major case brought under the legislation, it highlights the growing importance of protecting artists' voices and likenesses in an era where deepfakes and voice clones are becoming increasingly prevalent.
A spokesperson for Coca-Cola has yet to comment on the allegations, but the case underscores the need for greater transparency and respect for artists' rights in the use of their likenesses.