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Apple is being sued over a sample in a Jamie xx song in an iPhone commercial
Apple is being sued over a 2015 iPhone 6 commercial featuring the Jamie xx song “I Know There's Gonna Be (Good Times),” The Hollywood Reporter reports. The suit was filed yesterday in Los Angeles by Jerome Lawson, lead singer of The Persuasions, whose song “Good Times” is sampled in the Jamie xx track. However, Lawson is not claiming copyright infringement, because Universal has already cleared the sample; instead, he says the use of his voice in the commercial violates his “right of publicity,” according to THR.
The lawsuit maintains that because Lawson's voice is “prominent and recognizable” in the commercial, it deceives fans 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.”
California's Right of Publicity Law protects a person's name, voice, likeness, photograph, and signature from use “for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person's prior consent.”