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Dave Johnson Sues Netflix, Charges That His Voice Was Used On ‘The Crown’ Without His Consent

Retired race-caller Dave Johnson has filed suit against streaming giant Netflix and some of its subsidiaries, alleging his voice and persona were used on an episode of the popular Netflix program 'The Crown' without his permission.

Johnson is seeking compensatory and exemplary damages as well as equitable relief. The suit was filed in the Supreme Court of the State of New York, County of New York.

The allegations revolve around a show that aired on Nov. 9, 2022, which was the eighth episode of Season Five of 'The Crown'. The episode includes the storyline of how and when Queen Elizabeth II became interested in horse racing. On the show, she is shown watching races broadcast on satellite television. According to the lawsuit, the broadcast of the races includes Johnson's voice and his call of the 1995 GI Travers S. as well as other examples where Johnson's voice is used.

“Dave Johnson's actual voice, which is synonymous with horse racing in the United States at that period of time, is being used and is clearly audible and immediately recognizable,” the suit charges.

“Mr. Johnson is very proud of his body of work as the voice of American horse racing and as such has an interest in the unauthorized use of same without his permission,” said Johnson's lawyer, Drew Mollica. “His historic call of the 1995 Travers played an important role in Episode 8 of 'The Crown' during Season 5 and was used without his permission and he seeks compensation. The complaint speaks for itself.”

Johnson has been careful to protect his brand and has sued others who have used his catchphrase “And Down the Stretch They Come,” which he has trademarked, without his authorization. In all cases, whenever Johnson has prevailed in a lawsuit he has donated his compensation to a racing related charity. Beneficiaries of Johnson's donations have included New York's Backstretch Employee Service Team, Churchill Downs' Backside Learning Center and various scholarships including the University of Arizona's Racetrack Industry Program and Southern Illinois University, as well as donations he has made to benefit disabled jockeys.

According to Netflix's own numbers. 'The Crown's' “fifth season was viewed for 107.39 million hours following its premier” and Episode Eight had a production cost of approximately $13 million. According to the complaint, in 2022 Netflix Entities garnered a total revenue from its video streaming platform that amounted to approximately $31.6 billion and that “a substantial portion of that revenue is attributable to the sale, rental, and streaming success of 'The Crown', including Season Five, Episode Eight.”

“As a proximate result of All Defendants acts and/or omissions, All Defendants, individually, collectively and acting on concert, have invaded Dave Johnson's statutory right to privacy, misappropriated his persona and voice, and have profited at Dave Johnson's expense…” the lawsuit charges.

Johnson called the GI Kentucky Derby for ABC Sports from 1978 to 1980 and from 1987 to 2000. He called the GI Preakness S. and the GI Belmont S. from 1987 to 2000. He also served as the head announcer at, among others, the NYRA tracks, the Meadowlands, Santa Anita Park and Hialeah Park. He is currently the co-host of the “Down the Stretch” show on Sirius XM radio.

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Turf Paradise: Guest Race Caller Dani Jackson Will Share The Mic With Craig Braddick Next Week

Dani Jackson, a voice familiar to many racing fans in the United Kingdom, will be the guest race caller at Turf Paradise from Jan. 17 to Jan. 21. Dani, from Manchester, UK, flies out to the Phoenix, Ariz. track at the invitation of regular Turf Paradise race caller, Craig Braddick, who has been mentoring Dani for the past six months.

Dani Jackson works for William Hill as a TV host and greyhound racing commentator, and she is often seen on Racing Post social media videos previewing top greyhound races. Recently, Dani has also auditioned with Racetech in the UK for a position as a race caller.

In June, Jackson responded to a Tweet from Craig Braddick saying that if there were any aspiring female race callers out there who could show they could do the job, he would be happy to have them come to Turf Paradise.

“I never thought in a million years that Tweet would bring Dani over to Turf Paradise all the way from the UK,” Braddick said. “But as soon as I heard her practice race calls from tracks in the UK, I knew she was a talent that deserved an opportunity, and I am really looking forward to her taking the microphone at Turf Paradise. I think racing fans everywhere are going to be very impressed with her skills!”

Jackson said she has been practicing calling live races at Turf Paradise off the monitor in preparation for her visit.

“I have got to know many of the horses and the jockey silks as well as the way the track plays,” said Jackson. “Craig has been tremendously encouraging – critical when needed but always challenging me to do better. I am really looking forward to calling the races at Turf Paradise next week.”

Braddick and Jackson will split race calling duties, and one day Jackson will call the entire card. Jackson will also be previewing races on the simulcast feed when the horses are in the paddock.

“Turf Paradise continues to attract horseplayers not only from the United States but also around the world,” Braddick said. “In fact, many people may say after Dani has been here, I am only the second-best British race caller Turf Paradise has had!”

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Collmus Steps in for Denman at Del Mar

Larry Collmus, who stepped up to pinch hit for Del Mar's longtime caller Trevor Denman during the height of the COVID 19 crisis in 2020, will take over for the recently injured Denman for the majority of the track's upcoming fall race meet starting Nov. 3. Denman, 68, suffered a herniated disc in his back earlier this week after a fall at his home in Minnesota. Collmus, who will cover the Breeders' Cup for NBC at Del Mar, will take over calling duties at Del Mar though closing day Nov. 28, with the exception of three days (Nov. 12-14) when he'll be on a previously planned holiday.

“I have never missed a day's racing in 50 years and now I have had to miss racing two years in a row because of the virus and this freak accident,” Denman said. “I am devastated, but this is completely out of my control.”

Del Mar will call on John Lies to handle the three days that Collmus will be away.

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Chris Griffin ‘Humbled’ By Opportunity As New Voice Of Pennsylvania Derby Day

When Keith Jones retired last December, he wrapped up a career that spanned 34 years as a track announcer. His voice became synonymous with racing at Parx after calling over 60,000 races and 32 Pennsylvania Derbies since his first day in the booth at what was then Philadelphia Park in 1987.

Saturday, Chris Griffin will call his first Pennsylvania Derby as the new voice of Parx Racing. He was hired on March 24.

“Trying to replace a legend like Keith Jones and coming here, it's been a seven-year ride for me,” Griffin said. “I have to pinch myself a little bit because I take a look at the rundown of the fields and these are serious racehorses that we have. It takes a lot of memorizing and a lot of studying, and just trying to stay relaxed. With two one-million-dollar races, it's just exciting, and it's a good time to be here.”

“Keith Jones is still texting me and giving me a shout,” he said. “He's like, “are you excited? Are you nervous?” I'm pretty much like all of that Keith. You try to relax the best you can. It's going to feel like a different day no matter what, but were excited. Its big racing, big horses with 13 races on the card. You look at a race like this (Pennsylvania Derby), and these are the best horses in the country, and to be here for these races I'm humbled by it because I get to call the action,” added Griffin.

As a fresh face among those who ply their trade announcing races from atop racetracks in what is considered one of the toughest jobs in racing, the Santa Monica, Calif. native's journey to the booth began far west of Bensalem, Penn.

“I started out at the Humboldt County Fair and got an opportunity there to call races after my stint being the voice of the Harlem Globetrotters,” said Griffin. “Sam Houston was a great experience for me to try and catch some Grade 3 races and try to build up the resume a little bit. Then when this opportunity came up, I got lucky. I popped in and here we are.”

Saturday will be the biggest day of racing at this point in Griffin's young career. The work and preparation that announcers put into a long, stakes filled day can vary depending on the experience as well as the certain challenges that can arise.

“I don't try and change the mechanics too much,” Griffin said. “I think if you start thinking about it a little too much you kind of psyche yourself out a little bit. I looked at the fields, and the two-year-old races are a little tougher because there's first time starters, and you don't really know them.”

“There are silks that I'm familiar with from the local connections, and that'll help me color in the program. I like to color in the program the night before the big race. You pretty much know now who's in what post position and who is where, but the only thing I can't prepare for is what happens during a race. The unexpected can always happen. You have to be prepared for it, but you can't prepare for it … if that makes sense.”

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Griffin went on to say, “We haven't run a ton of mile and an eighth (Pennsylvania Derby distance) races on the main track since I've been here so that will be a little bit different. We definitely didn't have a mile and a half here like the Greenwood Cup, so some of the distances will be a little bit different, but other than that I treat it as another racing day here at Parx. We have a tremendous TV crew and staff and everybody is working hard to put things in place. At that point I want to be done by 9 am on Saturday morning and just jump in the booth and be like alright here we go.”

Racing can be a small world at times, and on Saturday, Griffin and Trainer Doug O'Neill, who will saddle 8-5 morning-line favorite Hot Rod Charlie in the Pennsylvania Derby, share a common bond which began 2,735 miles from Bensalem.

“It's so funny, Doug and I go way back,” said Griffin. “I was probably in my twenties running around and somebody told me that Doug O'Neill went to St. Monica's. I said, 'I went to St. Monica's,' which is a high school in Santa Monica, a private school, maybe six-hundred students or something like that.

“Doug had gone there before me. I went and tapped him on the shoulder, and was like, 'hey Doug O'Neill, I heard you went to St. Monica's, I'm Chris Griffin, I went there.' He was like 'Oh I know you. You were the quarterback with the championship football team.' It was the 1998 season. I graduated in 1999. We won our (California Interscholastic Federation) football championship. He knew all about it.

“Ever since then, we've been connected and when we see each other we say, 'Oh yeah, what's going on with St. Monica's?” said Griffin. “It's just one of those things. We're connected in a weird way for life. It's a cool little back story. It's nice to see him and hang out with him. It's fun to see Doug here on site.”

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