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Case Brief 9.2

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Submitted By sheheryar
Words 434
Pages 2
Sam Mirza

CASE 9.2

Style of Case and Citation:

Midler vs. Ford Motor Co. 849 f.2D 460 9th Cir. 1988

Court Rendering Final Decision:

U.S. District Court

Identification of Parties and Procedural Details:

Ms. Midler (plaintiff), suit against Ford and Young & Rubicam for appropriation. The District Court entered judgment for Ford and Young & Rubicam, and Ms. Midler appealed.

Discussion of the Facts:

In 1985, Ford Motor Company and its advertising agency Young & Rubicam, Inc., advertised Ford Lincoln Mercury with series of 30 or 60 seconds TV commercials. Different popular songs of the 70s were used, and the agency tried to get the original singers to sing them. It failed to get the original singer, the agency used ‘sound-alike.’ Young & Rubicam requested that Ms. Midler sing the song, and she refused. Young & Rubicam hired a sound alike, instructing her to imitate Ms. Midler to the best of her ability. After the commercial aired, Ms. Midler and the sound alike were told by numerous people that it sounded exactly like her. Ms. Midler name and likeness were not used in the commercial, and Young & Rubicam had obtained permission from the copyright holder to use the song.

Statement and Discussion of the legal Issues and Disputes:

Ms. Midler pursued a common law claim against Young & Rubicam and Ford Motor Co., using her distinctive voice in an advertisement, which she had not authorized. She did not seek damages for use of the song, which would have been pre-empted by copyright law. A voice is uncopyrightable, yet is a unique feature that distinguishes a person, especially a singer, just as a face or a name. For a person whose voice is widely known, it is unlawful to imitate that person’s voice to sell a product if the person has not authorized it.
Subject Court Final Decision:
For Ford and Young & Rubicam, Appellate Court

Summary of

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