In the campaign that was posted in public toilets and on billboards around Gauteng, Power's name, along with a host of sporting celebrities, was used without her knowledge or consent.
“As one of South Africa's most well-loved musical icons, her name carries instant recognisability and therefore has immense value,” comments Lara Preston, CEO of Red Flag Design & Marketing, Powers' publicist.
“In addition, the campaign as it was executed, portrays Powers in a derogatory light and trades on her celebrity in order to promote a commercial brand. This type of unauthorised use of a celebrity's name or likeness is not new, but more recently a number of prominent celebrities and national icons have been cracking down on advertisers and manufacturers who try and secure commercial gain off the value related to celebrity images and names.”
The legal route taken by Powers comes after amicable attempts to settle the matter have failed, says Preston. Powers had been in contact with the advertising agency to express her concern and to ask for compensation or to cease using her name in this fashion; however, the ad continued to be used for some time, although it has since been discontinued. According to her attorney, Michael Judin, all attempts to settle the matter have been unsuccessful. Expert counsel has also been brought in to draw up the summons.
According to Powers, the reason she pursuing this is that she finds it's incredibly arrogant of companies to think they can just use someone's name without their permission. “They know what they did was wrong. My name is my brand – like any other. It sets a precedent that artists can just be used any way these companies see fit. If I don't do this, companies will simply continue to exploit artists in this manner,” she says.
Adds Preston, “This case is sure to garner significant media attention as issues of musician's rights, copyright protection, and music piracy all seek to secure the rights of artists and musicians to ensure the control over their intellectual property, including their own names and images. Without such protections, artists will continue to be exploited by advertisers and capricious commercial entities.
“Hopefully this case will ensure that in future celebrities will be consulted prior to the use of their name and will be compensated accordingly. For PJ Powers however, this case is not about the money, but rather it is the principle in regards to the ownership and control of her own name. A portion of the proceeds that she is suing for, will in fact, be donated to charity,” concludes Preston.
