Former The Band drummer Levon Helm is suing a Manhattan ad agency over the use in a TV commercial of the group's signature track 'The Weight'. The suit, filed to the New York Supreme Court in December, asks for financial compensation for the use of Helm's performance in the song, which was used by the company BBDO Worldwide in an ad for mobile phone types Cingular
Helm's attorney, Michael Pinsky, says that state law bans the use of a celebrity's voice or likeness for profit without his prior written permission, adding that Helm received a royalty payment but does not feel that compensation to be adequate. BBDO might argue that Helm should take up the matter with EMI's Capitol records, who licensed the track for the ad, but there you go.
Commenting on the use of the song in the ad, Helm told reporters: "It was just a complete, damn sellout of The Band - its reputation, its music; just as much disrespect as you could pour on Richard and Rick's tombstones".
Vocalist and pianist Richard Manuel died in 1986 and bassist Rick Danko died in 1999.