Black Keys name Martin Agency in copyright suit

The popular indie rock band alleges that TV commercials improperly used two of their songs

July 6, 2012; 12:04 PM • by Nathan Cushing

Last month, indie rock group The Black Keys filed copyright infringement lawsuits accusing The Home Depot and Pizza Hut of illegally using two of the band’s songs in television commercials. The Martin Agency, based here in Richmond, created the ads in which the alleged infringement occurred. The advertising agency has also been named in the suits.

I spoke with Dean Jarrett, executive director of corporate communications at The Martin Agency earlier this week. He said it’s company policy to avoid discussing ongoing litigation with the press, but said The Martin Agency “fully respects the intellectual property rights” of artists. “We work really hard to make sure people are compensated.”

When asked if suits such as the these were commonplace in the advertising industry, Jarrett, a 23-year employee at The Martin Agency, said “it’s not something that happens very often.”

One of The Black Keys suits alleges that a Pizza Hut commercial improperly used their song “Gold on the Ceiling.” Here is that Pizza Hut commercial:

And here is the Black Keys’s song “Gold on the Ceiling:”

I asked two local music advertising companies and an area copyright lawyer to discuss the lawsuit. They respectfully declined to comment.

When asked when a legal decision might be reached, Jarrett said it will depend on the “due diligence” of lawyers.

July 6, 2012 12:04 PM 6