• Associated Press via Daily Report, Wednesday, March 14, 2007 11:15 AM

Levon Helm, former drummer for The Band, has sued BBDO Worldwide over the use of the band's song "The Weight," in a television commercial. In the lawsuit, filed in New York, Helm wants information about the agency's profits from the Cingular spot. He also wants financial compensation for the use of his performance.

Helm's attorney, Michael Pinsky, says state law prohibits the use of a celebrity's voice or likeness for profit without his prior written permission. He adds that Helm got a royalty from the commercial, but doesn't feel it was enough. Helm took home one-fifth of half of the licensing fee that BBDO paid for the right to use the song, Pinsky said.

BBDO declines comment. "It was just a complete, damn sellout of The Band -- its reputation, its music; just as much disrespect as you could pour on Richard and Rick's tombstones," said Helm. Richard Manuel, vocalist and piano player for The Band, died in 1986 while bass player Rick Danko died in 1999.

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