Bette Midler, Plaintiff-Appellant, v. Ford Motor Company, a Delaware Corporation, and Young & Rubicam Inc., a New York Corporation, Defendants-Appellees, 849 F.2d 460

Summary

Defendant company and defendant agency advertised automobiles with a series of television commercials. Different popular songs of the 1970s were sung on each commercial, and the agency tried to get the original artists to sing them. Where it failed, the agency had the songs sung by "sound alikes." The agency requested that plaintiff sing the song, which she refused. The "sound alike" imitated plaintiff to the best of her ability. After the commercial was aired, plaintiff and the "sound alike" were told by a number of people that it sounded exactly like plaintiff. Neither plaintiff's name nor her picture was used in the commercial, and the agency had a license from the copyright holder to use the song. The district court believed there was no legal principle preventing imitation of plaintiff's voice and granted summary judgment in favor of defendants. On appeal, the court reversed, holding plaintiff's distinctive voice was protected from appropriation.