Tom Waits vs. Frito-Lay, Inc (2003)

Original Article ↗ Hacker News Discussion ↗

Tom Waits vs. Frito-Lay: What Happened and Why It Mattered

  • Frito-Lay ran a Doritos ad using a Tom Waits–style song: new composition, no Waits recording, but a deliberate vocal impersonation.
  • Waits sued under California “right of publicity” / voice misappropriation, not copyright, and won substantial damages, most of it for voice misappropriation.
  • The case built on an earlier Bette Midler vs. Ford precedent (licensed song, hired sound‑alike after she refused).
  • Commenters note internal memos and explicit “sound like X” directions were critical evidence of intent.

Comparisons to Scarlett Johansson vs. OpenAI (“Sky” Voice)

  • Many see this thread as a proxy for debating OpenAI’s “Sky” voice and its similarity to Johansson’s voice in Her.
  • One camp: strong parallel to Waits/Midler — OpenAI contacted Johansson, she declined, CEO publicly referenced Her, and many listeners reportedly assumed Sky was Johansson. They argue this shows intent to trade on her persona.
  • Opposing camp: key factual differences — Sky is a real voice actor’s natural voice, hired months before contacting Johansson, no written instruction to imitate her, and some hear it as closer to other actresses or just generic “flirty female AI.”

Voice Similarity, Recognition, and Slippery Slopes

  • Debate over how well people recognize voices and how much exposure matters.
  • Some say Sky and Johansson sound “not close at all”; others say side‑by‑side clips are strikingly similar, especially certain demos.
  • Concern: if Johansson prevails, could famous people effectively “own” broad vocal types, chilling work for similar‑sounding voice actors? Others reply that the law targets clear, commercial impersonation, not mere resemblance.

Legal Framing and Uncertainties

  • Multiple comments stress right of publicity is more like trademark than copyright: mechanism of copying is less important than commercial use of a recognizable likeness.
  • Disagreement over how applicable Waits/Midler (and other cited cases) are to the OpenAI situation; some expect a settlement, others think Johansson would likely lose if strictly litigated.
  • Several note many facts (training process, any AI post‑processing, internal comms) remain unknown and would surface only in discovery.

Artistic Integrity and Commercialization

  • Waits’ anti‑advertising stance sparks a broader discussion about “selling out,” how 60s/70s artists contrasted with today’s more openly commercial culture, and how sponsorship affects perceived integrity.
  • Some argue modern genres (e.g., rap) build conspicuous commercialism into their authenticity; others lament that most artists now must license aggressively just to survive.