NASHVILLE (CN) – The Black Keys say Valley National Bank and the Della Femina ad agency used their Grammy-winning song “Tighten Up” in a TV commercial without permission, even after the band asked them to stop.
“Tighten Up” was the lead single on the Black Keys’ 2010 album “Brothers,” band members Dan Auerbach and Patrick Carney say in their federal copyright complaint.
They sued the Della Femina/Rothschild/Jeary Partners ad agency, which created the ad for its client and co-defendant Valley National Bank.
The band members say Della Femina, a well-known ad agency based on lower Broadway in Manhattan, knew very well that it could use a hit song in a private client’s TV commercial without a license, but did it even after the band asked it to stop.
The defendants had the chutzpah to use the tune as background music while Valley Bank’s CEO Gerald Lipkin made his pitch for the bank, according to the complaint.
Apart from not getting a dime for their work, Auerbach and Carney say they were never asked whether they wanted their music associated with Valley National Bank.
They seek an injunction and damages for willful copyright infringement. They are represented by John Griffin Jr. with Kay, Griffin, Enkema & Colbert.