Wall of Sound is reporting that Herbie Hancock has filed a lawsuit against the retail clothing chain Old Navy, claiming that the company is using a song of his in a current television advertising campaign – the ones with Morgan Fairchild, the Jeffersons, and that old bespectacled blond woman who used to head up the New York Times’ Fashion section.In a lawsuit filed last Wednesday, Sept. 29th, Hancock's attorney alleges that music used in Old Navy commercials for track pants is "remarkably similar" to Hancock's 1970 composition "Cantaloupe Island." This tune was also used in early acid-jazzsters US3’s early-nineties hit, "Cantaloop", where that trio sampled the primary melody as well (but, notably, with full legal clearance, due to their label’s willingness to compensate Hancock with all relevant royalties).
The musician, who never authorized Old Navy’s use of the music, is suing for "unspecified damages, based upon federal copyright infringement." Hancock, who has been recording jazz for four decades, is revered as a pioneer in the melding of jazz, fusion, funk, and electronic music.
Other artists who have fallen prey to the ad industry’s tendency to "slightly modify" existing tunes to avoid paying royalties include Chumbawamba with Toyota and William Orbit with AT&T. When asked to comment on the ad-industry hubbub, beloved dog Magic barked something entirely incomprehensible about "New times, new legal standards, new track pants."
>>> Old Navy
>>> Herbie Hancock at Encarta Online
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