The estate of Johnny Cash are suing Coca Cola for hiring a tribute act to impersonate the Man In Black in an advert.
The ad is only being run during college (American) football games but it is alleged that it falls foul of the ELVIS Act of Tennessee. Yes, there is such a piece of legislation, tortuously derived from ‘Ensuring Likeness Voice and Image Security’: it apparently protects a person’s voice from exploitation without consent.
“Stealing the voice of an artist is theft. It is theft of his integrity, identity and humanity,” said Tim Warnock, a lawyer for the Cash estate. “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.”
“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 said.
The fellow at the heart of this dispute is one Shawn Barker, who earns a living as a full-time Johnny Cash impersonator. The case – if it ever goes to court, of course – may well turn on the strength of Barker’s act. The words he says in the advert aren’t actually Johnny Cash. But is he so good that it might fool casual punters into thinking they’re actually watching unseen footage of the late country singer?
Coca Cola hasn’t commented on the case, but Barker’s manager Joey Waterman has said: “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.”
Famously, the real Johnny Cash used to always open his TV show of the 1960s and 70s by turning round to the camera and greeting his audience by saying: ‘Hello, I’m Johnny Cash’. One wonders whether Barker does the same at his shows? And if he does, could that be used against him…?