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Johnny Cash’s estate is suing Coca-Cola, saying the company hired a tribute singer to illegally imitate the country legend’s voice for a college football commercial. That reports“Billboard.”
The federal lawsuit filed Tuesday in Nashville is the first significant case brought under Tennessee’s Ensuring Likeness Voice and Image Security Act (ELVIS Act). The law, which took effect in 2024, expanded the state’s privacy rights to protect a person’s voice from exploitation.
The manager of Cash’s estate, the John R. Cash Revocable Trust, references a song in a commercial that has aired during college football games since August. In the lawsuit, the estate claims the voice in the ad sounds “remarkably” like Cash’s and is the voice of a performer named Shawn Barker, who is a professional Cash tribute artist.
First case under the ELVIS Act
“Stealing an artist’s voice is theft. It is theft of their integrity, identity and humanity,” wrote Tim Warnock of Loeb & Loeb, an attorney for the Cash estate. “The Trust is bringing this lawsuit to protect the voice of Johnny Cash. And to send a signal that protects the voice of all the artists whose music enriches our lives.”
Although the Cash estate licenses the late artist’s intellectual property — such as his songs “Ragged Old Flag” and “Personal Jesus,” which were used on Super Bowl broadcasts — the estate claims Coca-Cola “didn’t even bother to ask the trust for a license” for this commercial, which featured a Cash-like voice during college football games.
According to the lawsuit, the case arose “from Coca-Cola’s appropriation of Johnny Cash’s voice in a national advertising campaign for personal gain. Without asking permission or providing compensation to the humble man and artist who created the reputation on which Coca-Cola now benefits.”
A Coca-Cola spokesperson did not immediately respond to ROLLING STONE’s request for comment.
The estate is demanding injunctive relief and compensation
The estate is seeking a court injunction that would stop the commercial from airing. In addition, financial compensation for alleged violations of Cash’s rights under the ELVIS Act and other damages claims.
Although this is the first significant case brought under the ELVIS Act, the legislation was intended to protect artists from AI deepfakes and voice clones. However, the Cash Estate’s lawsuit against Coca-Cola does not allege that artificial intelligence was used in the commercial.