Way back in September ’05, we mentioned the lawsuit Tom Waits initiated over an ad campaign run by a German division of GM, mimicking his vocal style without permission. And we ran a Tom quote on the issue, just ’cause he’s so damn clever:
“Apparently,” Waits said, “the highest compliment our culture grants nowadays is to be in an ad–ideally naked and purring on the hood of a new car. I have adamantly and repeatedly refused this dubious honor. Currently accepting in my absence is my German doppelganger. While the court can’t make me active in radio, I’m asking it to make me radioactive to the advertisers.”
Radioactive! See what he did there? Well, today it’s good news for Tom; the suit has settled. Via NYT:
The ads, made two years ago by McCann Erickson Germany for Opel, a division of General Motors, showed car owners putting their vehicles away to the sounds of a gravelly, Waitsian lullaby. The terms of the settlement were not disclosed, but in a statement Mr. Waits ? who has successfully sued advertisers in the past for copying his sound ? said he would donate his net proceeds to charity.
When reached for comment, Waits offered:
I?m glad to be out of the car sales business once and for all.
Tom Waits for the win.
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McCann didn’t go with, “It was actually more of a Beefheart “homage” really.”
Why do companies even try anymore? Tom will find out, sue them, and win.Also, Waitsian is a great adjective.
Why do companies even try anymore? Tom will find out, sue them, and win.Also, Waitsian is a great adjective.
he’s just the coolest dude ever
it’s funny that he didn’t rain down orphans, cigarette butts and train cars on cirque du soleil’s “alegria,” when it came out. the male singer was chosen for the fact that he sounded like tom waits (and he pretty much did.)
no, i’m not gay, but it’s questionable that i recall this or that i even ha(ve)d interest in cirque du soleil. hi.
Wait. Did they actually use a song of his? Or a song that bore similiarity to one? Because i cannot see how Waites could possibly win a lawsuit over a company for “copying his vocal style.”
Creed is going to be seriously pissed off about this verdict, that’s for sure.
elliot-
they didn’t use a song of his, but by copying his rather distinct style they misappropriated his image.
Tom Waits actually did one commercial for dog food years ago, like in the early eighties. He dosen’t mention this in most interviews:
http://www.youtube.com/watch?v=qYOMPU18QjA
how come it’s “selling out” when an artist licenses his/her music to big business, but it’s not selling out when you sue big business for “copying your sound”? both sound like commericalism to me.
ps – to all of you typing in lowercase: you’ll be hearing from my lawyers. that’s my style your copying…
My fav lawsuit still is the suing of John Fogerty for copying John Fogerty.
I have this dream of being an artist and then suing another artist for copying my style. Then, pissing all the money won in the case away on a huge party, in which I would hire the artist that I just sued to play. Crap, I’m probably going to get sued by Sean Penn now for Spicol-ing.
One of my all time favorite Tom Waits quotes on this topic (or perhaps ever)… “Commercials are an unnatural use of my work. It’s like having a cow’s udder sewn to the side of my face. Painful and humiliating”. (http://commercial-archive.com/120339.php)
that’s an *awesome* dream. i’d change my shitty dream to your dream, but that’d probably leave me open to a lawsuit.
btw – in case any of you are considering dreaming about a ray gun that shoots love, back the fuck up because that’s already my dream.