Pitchfork

Kanye West did it. Bloc Party did it. Heck, even the White Stripes finally caved. Countless artists-- majors and indies alike-- have sold their songs and their images to advertising campaigns by Coke, Pepsi, Target, or whoever else throws the cold, hard cash their way. Few musicians, it seems, are immune to the pull of the corporate dollar.

Except for Tom Waits. Whether Waits truly loathes the Man or just has more than enough publicity and cash already, he's always been pretty stubborn about the fact that his music never be used for the purpose of advertising. Fair enough.

Well, Waits has officially stuck it to el Hombre. The singer/songwriter recently won a massive legal victory in the Spanish courts, where he established his moral rights to his own likeness in a case against Volkswagen-Audi and a Spanish Production company, Tandem CampMany Guasch. Who/what/when/where/why/how? Here's the back story:

In 2000, an Audi commercial appeared on television in Spain soundtracked by a piece of music featuring the same melodic structure as Waits' song "Innocent When You Dream" (from his 1987 album Franks Wild Years) and sung by a voice that sounded suspiciously like Waits. Tandem had previously asked permission to use the original tune and received a big ol' DE-NIED from Waits.

Waits and his music publisher in Spain, Hans Kusters Music, took Volkswagen-Audi and Tandem to court, winning the initial judgment in March of 2004. From there, the case headed to an appeals court, which ruled in Waits' favor back in November. According to the New York Times, on January 13, Waits was awarded $43,000 in damages for copyright infringement, as well as $36,000 "for violation of his 'moral rights' as an artist."

That last part is the kicker. The win marked the first time that such rights of protection for the personality and reputation of writers/authors had been recognized in a Spanish court. "In a way, you're building a road that other people will drive on," Waits told The New York Times. "I have a moral right to my voice. It's like property-- there's a fence around it, in a way."

A press release on the website of Anti- Records, Waits' label, includes this quote from the singer-songwriter: "Now they understand the words to the song better. It wasn't 'Innocent When You Scheme' it was 'Innocent When You Dream'." As experts in the literary field, we must commend Waits on his high-class wordplay.

Frito Lay, Levi's, and, as previously reported, General Motors' Opel AG and advertising agency McCann Erickson have all felt the wrath of Waits at one time or another, in cases similar to this one. Man Man, Rod Stewart, Skeleton Key, and A3 (the "Sopranos" theme song) are all awaiting subpoenas...just kidding.