Levon Helm has signed away the rights to “The Weight,” according to an article by The Associated Press. The drummer is said to have signed over the rights to the 1968 classic song several years ago, allowing an advertising agency to use it in a cell phone commercial.

Helm apparently sued the agency in 2004 when the song appeared in an ad for what was formerly Cingular Wireless, saying that use was unapproved. However, a Manhattan appeals court has now ruled that the contract allowed the record label permission to license it to the agency.

Helm’s lawyer John O’Neill argues that the contract only gave the label permission to promote the music itself.