"Step Right Up" is a song written by

Tom Waits Thomas Alan Waits (born December 7, 1949) is an American musician, composer, songwriter, and actor. His lyrics often focus on society's underworld and are delivered in his trademark deep, gravelly voice. He began in the American folk music, fo ...

and included on his 1976 album '' Small Change''. The song became the subject of a lawsuit between Waits and

Frito-Lay Frito-Lay, Inc. (; ) is an American food company that manufactures, markets, and sells snack foods. It began in the early 1930s as two companies, Fritos, the Frito Company and Lay's, H.W. Lay & Company, that merged in 1961. Frito-Lay itself merg ...

Inc., after using a similar-sounding song in one of their commercials without the approval of Waits.

Lyrics and composition

The song is from the point of view of a snake oil-like salesman asking potential customers to "step right up" and purchase an unnamed miracle product. Waits guarantees that the product will "mow your lawn", play a "rhythm master", "deliver pizza", and locate lost slippers, among other miscellaneous things. Waits sings the song in the style of a carnival barker attempting to entice business. Waits wrote the song as a satire of products that claimed to do more than they advertised.

Reception

The song is generally praised for its personality. A 2018 review from ''

Pitchfork A pitchfork or hay fork is an agricultural tool used to pitch loose material, such as hay, straw, manure, or leaves. It has a long handle and usually two to five thin tines designed to efficiently move such materials. The term is also applie ...

'' states that Tom Waits turns "dark slogans into black magic". For live performances of the song, Waits would use a cash register for the percussion.

Lawsuit

In 1988, Frito-Lay released a new flavor of

Doritos Doritos () is an American brand of flavored tortilla chips produced by Frito-Lay, a wholly owned subsidiary of PepsiCo. The concept for Doritos originated at Disneyland at a restaurant managed by Frito-Lay. In 1966, Doritos became the first ...

and sought the licensing to use the song for a radio ad. While Waits had previously done an advertisement for dog food, he vehemently opposed his music being used in advertisements as he considered it to be to selling out. Waits officially declined, stating that the song was meant to make fun of marketing, not be used in it. Frito-Lay hired Stephen Carter to impersonate the rough and gravely sound of Waits' voice. While the song "Step Right Up" was not used, a similar-sounding jingle was composed with "Step Right Up" serving as the inspiration. Before the commercial aired, then vice-president of Frito-Lay, Robert Grossman called Tracy-Locke, Inc., the advertisement company behind the ad, and wanted to ensure that the song they had composed was different enough than "Step Right Up". When Grossman was reassured that there was little similarity, the commercial aired over 250 radio stations for one month. Another version of the ad was made with a vocalist singing the jingle, but Frito-Lay used the Tom Waits-impersonated version instead. In 1992, Waits officially filed a lawsuit citing grounds of "misappropriation of his voice". Waits would eventually win this lawsuit, with Frito-Lay owing him over $2 million. By 1999, Waits had received the settlement and joked that he "spent it all on candy".

Personnel

*Tom Waits - vocals, piano * Jim Hughart – bass *

Shelly Manne Sheldon "Shelly" Manne (June 11, 1920 – September 26, 1984) was an American jazz drummer. Most frequently associated with West Coast jazz, he was known for his versatility and also played in a number of other styles, including Dixieland, ...

– drums *

Lew Tabackin Lewis Barry Tabackin (born March 26, 1940) is an American jazz tenor saxophonist and flutist. He is married to pianist Toshiko Akiyoshi with whom he has co-led large ensembles since the 1970s. Biography Tabackin started learning flute at age 1 ...

– tenor saxophone

Cover versions

"Step Right Up" has been covered by

Violent Femmes Violent Femmes are an American folk punk band from Milwaukee, Milwaukee, Wisconsin. The band consists of founding members Gordon Gano (guitar, lead vocals) and Brian Ritchie (bass, backing vocals), joined by multi-instrumentalist Blaise Garza ( ...

for the album '' Step Right Up: The Songs of Tom Waits'', which is named after the song itself.

Allmusic review AllMusic (previously known as All-Music Guide and AMG) is an American online music database. It catalogs more than three million album entries and 30 million tracks, as well as information on musicians and bands. Initiated in 1991, the data ...

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References

{{Authority control 1976 songs Tom Waits songs Songs involved in plagiarism controversies Works subject to a lawsuit Songs used as jingles Songs about consumerism