The estate of legendary singer-songwriter Johnny Cash has initiated legal action against Coca-Cola over the use of Cash’s voice in a recent advertisement featuring an impersonator. The lawsuit was filed on October 3, 2023, in Nashville, marking the first application of Tennessee’s ELVIS Act, which safeguards an individual’s voice, image, or likeness from unauthorized use.
The advertisement, which has been broadcast since August during college football games, showcases professional impersonator Shawn Barker. According to the estate, Barker’s rendition of Cash’s voice is strikingly similar to that of the iconic musician, who passed away in 2003. The complaint states, “This case arises from Coca-Cola’s pirating Johnny Cash’s voice in a nationwide advertising campaign to enrich itself.”
The estate, which holds the rights to Cash’s music, alleges that Coca-Cola did not seek permission to use the voice of the late artist. Tim Warnock, a lawyer representing the estate from the firm Loeb & Loeb, emphasized the seriousness of the situation, stating, “Stealing the voice of an artist is theft. It is theft of his integrity, identity, and humanity.”
Coca-Cola has not yet provided a public response to the lawsuit, as inquiries from media outlets like The Daily Beast have gone unanswered. Meanwhile, Barker expressed excitement over the opportunity to contribute his vocals to the ad, stating that he was “thrilled” to be involved.
This lawsuit not only highlights the ongoing conversation about intellectual property rights in the entertainment industry but also sets a precedent for how voice likenesses can be legally protected. As more companies turn to impersonators for advertising, the implications of this case could resonate throughout the industry.
The Cash estate’s action against Coca-Cola serves as a reminder of the importance of obtaining proper authorization for the use of an artist’s likeness and voice, ensuring that their legacy is preserved with respect and integrity.
