The estate of Johnny Cash is suing Coca-Cola for illegally hiring a tribute act to impersonate the late US country singer in an advertisement that plays between college football games.
The case has been filed under the Elvis Act of Tennessee, made effective last year, which protects a person’s voice from exploitation without consent. The estate said that while it has previously licensed Cash’s songs, Coca-Cola did not approach them for permission in this instance.
“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.”
The singer on the ad is named Shawn Barker, who works as a professional Cash impersonator.
The estate is seeking an injunction to remove the ad from the air, damages under the Elvis act, as well as damages for alleged violations of consumer protections in Tennessee.
“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.
Coca-Cola has yet to comment on the matter. A representative for Barker told Billboard magazine that his team was “thrilled when we were approached to have Shawn sing vocals for this commercial”.
His manager Joey Waterman 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.”
Last year the Cash estate released Songwriter, a collection of previously abandoned songs made by the country star when he was down on his luck in the 90s – before a collaboration with Rick Rubin restored his legend for his final years. Cash died in 2003.
