By using this site, you agree to our Privacy Policy and our Terms of Use. Close

Forums - Gaming Discussion - Romantics sue Activision over Guitar Hero

"Band seeks compensatory and punitive damages

Billboard is reporting that the members of the band The Romantics have filed a lawsuit against Activision over Guitar Hero Encore: Rocks the 80s.

The game uses sound-alike musicians to sing "What I Like About You," but The Romantics apparently believe that the musicians sound too much like them.

The suit, filed in Detroit, alleges that the Guitar Hero recording of the song improperly imitates the band's sound which they have developed since 1979 and confuses consumers into believing that The Romantics recorded the music and endorsed the product.

Activision, RedOctane, and Harmonix Music Systems have all been named defendants in the lawsuit. The Romantics are seeking compensatory and punitive damages and are asking the court to enjoin further distribution of the game.

Although Activision has not yet responded to the suit, it should be noted that Guitar Hero players are informed that songs in the game are "As made famous by," rather than "As performed by," certain musicians.

The right of publicity gives an individual the legal right to stop others from using his or her identity for commercial purposes without permission, but typically this arises only in cases where well-known voices are being imitated."

 

Source - http://www.gamesindustry.biz/content_page.php?aid=30873

 



The Philidelphia was not an accident. It was a merciful bullet to the head of a malignant ideology. It was the death of fear and the birth of hope. Rejoice, children of Nod, the blood of your oppressors will flow and fifty years of tyranny will finally end. Transformation is coming. A new day will dawn. The future... is ours

Around the Network

What a bunch of asshats. These guys can join the MPAA/RIAA and rot in hell. Do these dummies not understand that having their stupid song in the game increases their music sales?



This is worse than Metallica and Napster, at least Metallica had a point.



Wow, that's lame.

So the cover sounds close to them...sounds like someone's a wee bit jealous? A) They get credit and likely more sales because of GH, and B) it says "Made famous by"...so unless you're stupid, you know it's a cover.



LEFT4DEAD411.COM
Bet with disolitude: Left4Dead will have a higher Metacritic rating than Project Origin, 3 months after the second game's release.  (hasn't been 3 months but it looks like I won :-p )

I'm pretty sure these guys want to "settle out of court"



"..just keep on trying 'till you run out of cake"

Around the Network

I dunno, I do think it opens some interesting arguments. Is there a "limit" of how close you can get to the original recording? What happens if it becomes "spot on" (sounds exactly the same)?

I hope Activision are paying royalties to the song writers anyway - from memory, they are the people who own the majority of the IP for *any* song (rather than the performers).

I don't buy Activision plastering a simple "Made famous by..." and leaving it at that.



Gesta Non Verba

Nocturnal is helping companies get cheaper game ratings in Australia:

Game Assessment website

Wii code: 2263 4706 2910 1099

Now will this band get more popular.






shams said:
I dunno, I do think it opens some interesting arguments. Is there a "limit" of how close you can get to the original recording? What happens if it becomes "spot on" (sounds exactly the same)?

I hope Activision are paying royalties to the song writers anyway - from memory, they are the people who own the majority of the IP for *any* song (rather than the performers).

I don't buy Activision plastering a simple "Made famous by..." and leaving it at that.

 No I'm pretty sure they also pay royalties...



LEFT4DEAD411.COM
Bet with disolitude: Left4Dead will have a higher Metacritic rating than Project Origin, 3 months after the second game's release.  (hasn't been 3 months but it looks like I won :-p )

I'm expecting George HW Bush to sue Dana Carvey any day now...




Or check out my new webcomic: http://selfcentent.com/