Apple and TBWA Worldwide agency taken to court over use of Persuasions sample in Jamie xx iPhone 6 ad
Jerome Lawson, the lead singer of The Persuasions, is suing Apple and TBWA Worldwide’s Media Arts Land, over their use of Jamie xx’s ‘I Know There's Gonna Be (Good Times)’ in an iPhone 6 TV ad – because it features a sample of his music, and more importantly, showcases his voice.
Apple iPhone 6 ad
A complaint filed to the Superior Court of California by Lawson alleges violation of right of publicity and breach of contract from the companies. There's one caveat that may come to harm his case however, Lawson, never sued Jamie xx for the use of the sample when In Colours came out in 2015.
At the time, the song proved controversial as Persuasions band member Jimmy Hayes revealed the group had not granted permission to Jamie xx to use the sample, a claim that was later backtracked. Notably, Lawson is not filing for a breach of copyright (Hollywood Reporter states its unlikely he actually owns the rights to the song). Instead the filing states: “Lawson's voice is prominent and recognizable in the Apple commercial.
"Lawson is informed and believes and on the basis alleged that Plaintiff's voice was recognized by fans of his who saw the commercial and those fans were deceived into falsely believing that Lawson endorsed Apple and the iPhone and/or that Lawson consented to the use of his voice to advertise Apple's products."
In layman’s terms, he’s suing the companies for violation of right of publicity under Californian law as it can be construed that he is endorsing the iPhone 6. Additionally, its argued that the commercial enacts a "deliberate violation of the collective bargaining agreements with SAG and AFTRA” groups that require bargaining with singers whose work is utilised in ad.
Lawson was reportedly offered the minimum remedy afforded by the rules a full six months after ad had initially aired by the company.
The case continues - read the filing here. Below is the ad in question.
The Drum has reached out to TBWA for comment.