Levon Helm: The Band Drummer Loses Lawsuit Over Use of 'The Weight' in Ad

After an eight-year legal battle, the Band's drummer and singer Levon Helm has lost a suit against an ad agency regarding usage of the group's signature song 'The Weight' in a cell phone advertisement.

According to The New York Post, New York State's Appellate Division unanimously sided with ad agency BBDO Worldwide, stating that "although (Helm) claims that he never gave written consent for the use of his voice...he unambiguously authorized the defendant to license the recording."

"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," Helm said (as reported by Contactmusic) back in 2007 regarding the suit, which he filed in 2004 claiming 'The Weight' was being used in a television ad for Cingular Wireless without his permission.

BBDO has contended that it didn't need the musician's consent to use the song as it obtained permission from the Band's former record company (in 1968, Helm signed a contract enabling the record label to license the song).

The Band's surviving members Robbie Robertson and Garth Hudson have issued no comment on the decision.

In related news, Helm will bring his long-running 'Ramble' concert to Nashville' Ryman Auditorium on May 6, the site of his 2008 concert which was released last year as the live album 'Ramble on the Ryman.' The album earned a Grammy Award this year for Best Americana Album.

Late last month, Helm announced British group Mumford & Sons would perform at his studio in Woodstock, N.Y., on March 10 as part of The Levon Helm Band's Midnight Ramble. Los Lobos have been confirmed for a similar show on March 31.

Watch The Band's 'The Weight' Video