Levon Helm Sues To Take A Load Off Ad Firm's Profits
One more from the file of litigious songwriting icons: The Band's Levon Helm is suing BBDO, an advertising firm based in Manhattan, for using "The Weight" in a Cingular TV ad campaign. Via AP:
In a lawsuit filed in state Supreme Court in December, Helm asks for information about BBDO Worldwide's profits from the commercial for Cingular cell phone service and for financial compensation for the use of his performance.Ever seen the commercial? We haven't, though there's a certain capitalistic synergy to The Band hawking Cingular's hot new Quad BAND phone (or whatever it was). But we're not clear on the licensing issue; Levon was compensated, but did he ever expressly consent to Cingular's use? His quote has us thinking that's a resounding, tombstone-invoking "no." So if Capitol collected the licensing fee, wouldn't it be safe to assume they were the deal's facilitators -- and that Helm's beef should be with his label? Industry insiders, set us straight. And if anyone has vid of the commercial, put the load right on us.Helm's attorney, Michael Pinsky, said state law prohibits the use of a celebrity's voice or likeness for profit without his prior written permission.
Pinsky said Helm received a royalty payment from the use of "The Weight" in the commercial, but doesn't feel he has been adequately compensated.
According to an annual royalty statement from EMI Records, which owns Capitol Records, The Band's record label, Helm took home one-fifth of half of the licensing fee that BBDO paid to Capitol for the right to use the song, Pinsky said.
...
"It was just a complete, damn sellout of The Band — its reputation, its music; just as much disrespect as you could pour on Richard and Rick's tombstones," said Helm, 66, a longtime Woodstock resident.
Posted at 10:51 AM
Tags: The Band
you take what you need and you leave the rest but Cingular should never have taken the very best.
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Levon was great in "Coal Miner's Daughter".
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It sounds like he's bringing the suit under state law's privacy rights. This legal argument is separate from any contractual issue that he would have with his label for their licensing of the track. Capitol likely owns the master recording and has the right to license the recording without the artist's permission, and he probably has a publisher who can similarly license the use of the composition without his permission. Here, Levon is arguing that Cingular doesn't have the right to profit from the use of his voice.
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k is right, and what's more, the terms of the record deal that Levon signed, if not also the Copyright Act (which is a federal law), will preempt any claim under NY state law. To use a hit song in a commercial you need a license from the composer or his publisher (in this case, Robbie Robertson, which is another whole can o' worms -- see Levon's fantastic book, This Wheel's On Fire) and a license from the owner of the master (in this case, Capital). Once you have those, you're good to go, and the fact that an artist's voice is recognizable on the recording is legally irrelevant -- any control over that issue was no doubt signed away years ago. (I actually insert clauses in recording contracts -- or try to, anyway -- giving my clients veto power over uses of a master in an ad.) I adore Levon, and think he has a lot of beefs to complain about justifiably, but I don't think this particular one will get him anywhere.
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Levon's beef is a continuation of the battle he has fought with Jamie R. Robertson for years now ... that being he and the other guys in The Band were ripped off re publishing rights. He's doing whatever he can to get some $$, because he needs it. PLain and simple. He has health issues, and needs money. All this, while Jamie lives the life of a king in Hollywood.
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Seeing/hearing that commercial over and over again during a DVR-less time in my life prompted me to go out and buy a The Band greatest hits CD. I've always known about The Band being very influential, etc. I recognized many of their songs including The Weight, but had never had great interest before. Now I love them.
I hope he is compensated fairly for any use of his songs, but I also hope he realizes that this is actually good exposure that brings his music to the consciousness of new audiences.
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i never got sick of that commercial, it was this guy driving across the country and ending up in san francisco to, i assume, move in with his girlfriend.
awwwww
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go get'm levon
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Frank: Last summer, when Stewart Copeland presented his home movies of The Police at Lincoln Center, I asked him about the use of "Walking on the Moon" in a commercial for the Nissan Xterra SUV in 2000 or 2001. He said the composer and the recording artist, as well as the song publisher and the copyright holder, have to consent to the use of a track in a commercial or film.
While we're on the subject, The Donnas have recorded a cover of "Safety Dance" for a VW commercial that apparently has not yet aired. It'll be interesting (for me, anyway) to see if the commercial is for the Touareg SUV, what with The Donnas' MySpace profile urging their fans to see An Inconvenient Truth.
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re: Recovering Donnaholic's comment -- consent requirements are contractual. An artist and/or songwriter with influence/success/buzz/etc. can usually negotiate for consent requirements for licensing, but it's not a black & white legal issue. It's all based on the language in the contract between the artist/songwriter and their label/publisher.
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the deal was done by BBDO in NY and they used the licensing company Platinum Rye to do the deal and to get all the permissions...Guess they left out Levon. Wonder what they have to say about it
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