Have you ever heard a commercial and sworn it was a famous singer, only to find out it was just an impersonator? This exact situation led to a landmark legal case that changed how we think about a celebrity’s voice.

Let’s break down the story of Bette Midler vs. Ford Motor Company

The “Yuppie” Campaign

In the 1980s, Ford and its ad agency, Young & Rubicam, launched an ad campaign targeting “Yuppies” (young, upwardly-mobile professionals). The idea was to use popular songs from the 1970s to evoke nostalgia.

One song they wanted to use was “Do You Want to Dance,” a hit made famous by the unique and powerful voice of Bette Midler.

“If We Can’t Buy It, We’ll Take It”

The agency did the right thing first: they called Bette Midler’s manager to ask if she would sing the commercial for them. The answer was a clear and immediate **”No.”**

Instead of moving on, the ad agency hired one of Midler’s former backup singers, Ula Hedwig. They gave her very specific instructions: listen to Midler’s original recording and **”sound as much as possible like the Bette Midler record.”**

Hedwig did her job well. When the commercial aired, many people, including friends and industry professionals, thought it was actually Bette Midler singing. They called her to say the commercial “sounded exactly” like her.

The Legal Problem: What Was Actually Stolen?

Midler sued. But what exactly could she sue for? This was the tricky part.

* **They didn’t use her name or picture.**

* **They had a legal license** to use the *song* from the copyright holder.

* They used a **sound-alike**, not a recording of her actual voice.

The lower court dismissed the case. The judge even admitted the ad agency acted like a “thief,” but didn’t see a law that made it illegal to simply imitate someone’s voice.

The Appeal: It’s Not Just a Voice, It’s an Identity

Midler appealed, and the Ninth Circuit Court of Appeals made a groundbreaking decision. They saw the case differently.

The court reasoned that while a *song* can be copyrighted, a person’s **voice is not copyrightable**. But that doesn’t mean it has no protection. Your voice is a key part of your identity—as personal and distinctive as your face.

The judges concluded that Ford and its ad agency weren’t just stealing a sound; they were **stealing an identity**. They wanted the “Bette Midler sound” because it had value. When they couldn’t buy it from Midler herself, they took it by imitation to make their product more appealing.

The Bottom Line: The Court’s Ruling

The appeals court reversed the decision, allowing Midler’s case to move forward to trial. The key takeaway from their ruling is this:

When a professional singer’s distinctive and widely known voice is deliberately imitated to sell a product, it is a form of stealing that person’s identity.

This didn’t mean every impersonation was now illegal. It set a precedent for cases where a celebrity’s unique voice is intentionally used to create a false endorsement and profit from their fame and identity.

Why This Case Matters

The Midler case established a crucial principle: your voice can be a protected part of your brand and identity. It told advertisers that they can’t simply hire a “sound-alike” to trick the public into thinking a celebrity is endorsing their product. It forced the marketing world to respect the unique, personal attributes that make a celebrity who they are.

In the end, it wasn’t about the song—it was about the singer.

https://law.justia.com/cases/federal/appellate-courts/F2/849/460/37485