Apple Sued Over Use of Jamie XX Song in iPhone Advertisement
Apple is getting hit with a lawsuit for rights of publicity by the original sample artists featured in Jamie XX's track "I Know There's Gonna Be (Good Times)"This article originally appeared on Hollywood Reporter
Apple, Inc., is being taken to court over its use of Jamie xx's "I Know There's Gonna Be (Good Times)" in a televised commercial for the iPhone 6. The lawsuit, filed on Tuesday in Los Angeles Superior Court, may showcase a new legal front in the battle over sampling.
When the song, featured on Jamie xx's Grammy-nominated album In Colors, was released in 2015, a small controversy arose over the allegation that the U.K. artist hadn't licensed use of The Persuasions' 1971 recording, "Good Times." Jamie xx was never sued. According to a 2015 Billboard article, Universal had cleared use with Persuasions member Jimmy Hayes acknowledging, "I was told about it but forgot."
It turns out this isn't the end of the controversy.
Jerome Lawson, the lead singer in the a cappella group, is now suing over the iPhone ad, but quite notably, he is not asserting an infringement of the sound recording. It's likely he doesn't actually control rights to "Good Times." Instead, he's contending that Apple and its ad firm, Media Arts Lab, have violated his right of publicity under California law.
"Lawson's voice is prominent and recognizable in the Apple commercial," states the complaint (read here). "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."