Apple Face Charges over Alleged Violation of ‘Right of Publicity Law’

By James Ryan Morales | Jan 26, 2017 11:01 AM EST

Apple faces another court case as Jerome Lawson of "The Persuasions" complained that the Cupertino-based tech firm used his voice to endorse iPhone 6, violating the Right of Publicity Law in the State of California.


The song "Good Times" was originally sung by The Persuasions in 1971. Then in 2015, Jamie xx was nominated on the Grammy's for his album "In Colors," in which includes a "Good Times" recording. Jamie was never sued as Universal said that Jimmy Hayes, a Persuasions member acknowledged that he was informed over the use of the song.

Also, the copyright law took effect in 1972 beyond - which gives a clause that the 1971's "Good Times" isn't part of the law's scope.

However, the song from the album "In Colors" was used for an iPhone advertisement, allegedly violating the Right of Publicity Law in Jerome Lawson's home state of California.

The charges wasn't directed at Jamie xx, since the prior case of copyright issues already concluded, rather it was pointed that Apple used Lawson's voice to advertise the iPhone 6 without his permission.

Under the Right of Publicity Law, it is not allowed to use a person's name, voice, photo, or signature for business purposes without any consent. Being the lead singer of The Persuasions, Jerome Lawson claims that his voice is prominent and recognizable that it would give the impression that he is actually endorsing iPhone 6 without his consent.

Inclusive of the lawsuit is the alleged breach of agreements of Apple with Screen Actors Guild and American Federation of Television, according to The Hollywood Reporter. It is claimed that Apple, thru Media Arts Lab, tried to offer Lawson minimum compensation for the said advertisement.

But Lawson will most likely lose the case, as the copyright law, which Apple had already won over, preempts the state law in which he former is charging the latter with. 

More Sections