A community which gathers to celebrate and discuss the magnificent work of Thomas Alan Waits. Discord: https://discord.gg/EqqPQKvJ
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IIRC, this was after they tried to hire him to do it and he turned them down, which basically made his case for him and was an incredibly stupid move on their part.
As far as I can tell he’s never sued any artists for aping his sound. Just big corporations. I read years ago he gives the majority of the settlement money to charity cause it’s more about the principle
Yep. And I respect that. But what I meant was, as I recall, frito lay tried to buy the rights to use his song for the ad, and he declined, and then they wound up hiring a sound alike and a different but similar sounding jingle. Which seems incredibly stupid as far as it completely precludes all deniability, lol.
Oh I’m 100% agreeing with you. It’s like the stupidest possible move Frito-Lay could’ve done. Absolute galaxy brain thinking from the megacorp. Take their money whenever you can
I love that apparently, according to the account I read just now, since we were talking about it, even the ad agency rep told them beforehand that this was a bad idea? But they went ahead and did it anyway. Like. Smrt. Very smrt.
Yeah, but there's seemingly somehow a sound-alike industry... Maybe they usually get away with it? Interestingly, Bette Midler had a similar lawsuit against Ford two years earlier, which set the precedent for this (owning the sound of your voice) idea.
First he buys himself a couple of Mickey's Big Mouths.
“All Halloween orange and Chim-in-ey red”
Never could stand that dog.
Perfect ad placement.
I always wondered why specifically Waits. I mean, they could have chosen someone else, he’s hardly obscure but he’s not necessarily a household name.
That makes him a goldmine for stuff that is really good and really distinctive, and that isn't associated with other brands. Remember when Volkswagen got everybody into Nick Drake?
And then remember when Waits sued Volkswagen for stealing his music in the same way as Frito? lol.
I did not know, but I Googled and I think it was Audi, and I forget if that is or was the same mega corporation as VW at the time. It's cool that he donates the settlements, but they have to have been a good chunk of all the money he's ever made, right?
VW group does in fact own Audi. I agree, lol. Somebody once said that he was a “more successful litigant that musician”
Waits’ charm and aesthetic probably fit the mood of the commercial they wanted.
He was obscure in 1990 to a great extent, which makes it even more odd.
r/irony
I was always slightly confused by Doritos thought process here. Why did they "need" the voice of Tom? They had literally 0 other advertising ideas?
I wonder what they offered to pay him versus what they were sued for.
And this anecdote has been told ever since. I think I've heard about this lawsuit more often than I've eaten Dorito's.
His letter in the Nation in response to John Densemore (of the Doors) writing in support of artist allowing their songs to be played in advertisements is one of the most beautiful statements about art I’ve read:
“Woodland Hills, Calif.
Thank you for your eloquent “rant” by John Densmore of The Doors on the subject of artists allowing their songs to be used in commercials.
Songs carry emotional information and some transport us back to a poignant time, place or event in our lives. It’s no wonder a corporation would want to hitch a ride on the spell these songs cast and encourage you to buy soft drinks, underwear or automobiles while you’re in the trance. Artists who take money for ads poison and pervert their songs. It reduces them to the level of a jingle, a word that describes the sound of change in your pocket, which is what your songs become. Remember, when you sell your songs for commercials, you are selling your audience as well.
When I was a kid, if I saw an artist I admired doing a commercial, I’d think, “Too bad, he must really need the money.” But now it’s so pervasive. It’s a virus. Artists are lining up to do ads. The money and exposure are too tantalizing for most artists to decline. Corporations are hoping to hijack a culture’s memories for their product. They want an artist’s audience, credibility, goodwill and all the energy the songs have gathered as well as given over the years. They suck the life and meaning from the songs and impregnate them with promises of a better life with their product.
Eventually, artists will be going onstage like race-car drivers covered in hundreds of logos. John, stay pure. Your credibility, your integrity and your honor are things no company should be able to buy.
Tom Waits”