Smartphone maker may have to pay for its sins

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Taiwanese mobile phone maker HTC is being sued by Nina Simone’s estate for the unauthorised use of her recording of Sinnerman in their “You Are Different” commercial.

Simone’s brought the lawsuit against HTC because they claim the smartphone company used the song in a commercial without getting permission or obtaining the rights to the song. HTC have yet to respond but Nina Simone’s estate has a good track record for getting payouts for the late singer’s intellectual property.

Though Nina Simone is inextricably linked with Sinnerman, the song is a traditional Negro spiritual of unknown origin. It has been recorded by several artists before and since Simone’s 1965 version, notably by 1960s folk trio, Peter, Paul and Mary. A slightly altered version with the title Downpressor was recorder by the Wailers, with Peter Tosh taking the lead, and later as Downpressor Man by Tosh on his own and by enigmatic Irish singer Sinead O’Connor.