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Should Activision only use an artists likeness with their own songs?
Yes, they should only be used for their own songs unless agreed to otherwise. 4 (66.7%)
No, the artists need to suck it up and read the fine print. 2 (33.3%)
I don't see what the big deal is. 0 (0%)
Total Votes: 6
No Doubt and Activision in tit-for-tat legal battle
Topic Started: Friday Dec 11 2009, 01:55 PM (129 Views)
King Hiss
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Quote:
 
Games developer Activision has counter-sued US rock group No Doubt in a tit-for-tat legal battle between the two.

Last month, the band sued the company over claims that it was portrayed as a virtual karaoke act in Activision's recent Band Hero game release, however, Activision has now struck back with a lawsuit claiming breach of contract.

No Doubt launched the original legal action against Activision for allegedly allowing gamers to use avatars of the band to perform songs from other bands, which it said went beyond the terms of its agreement.

No Doubt, which is famous for hits Don't Speak and Underneath it All is seeking unspecified damages, an injunction preventing Activision from distributing the game and a recall of existing copies.

Released in Australia last month, the Band Hero game is the latest variant of Activision's phenomenally successful Guitar Hero franchise first launched in 2005. The company argues that the ability of players to "unlock" in-game characters to perform songs from other artists is "publicly known" and therefore not grounds for legal action.

In a legal document filed last week and published online at the Hollywood Reporter blog, Activision denies any wrongdoing. It alleges the band failed to perform due diligence on the deal before signing off as well as breaching its contract to help market and promote the game, and so being “unjustly enriched” by its inclusion.

Activision said that, although it was possible to program a video game in which particular in-game characters can be selected only when certain songs are played, No Doubt asked for this only after the Band Hero programming was finalised and submitted to US console manufacturers for approval.

According to the lawsuit launched by No Doubt last month, a feature in the game portrays the band's Gwen Stefani singing Rolling Stones song Honky Tonk Women resulted in an "unauthorised performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes".

Earlier this year, Kurt Cobain's widow Courtney Love and members of Nirvana criticised Activision for portraying Cobain's likeness in Guitar Hero 5 singing songs from other bands. They said they were not aware players could unlock characters to perform other material, and appealed to the company to "do the right thing".


I'm behind the artists strongly, in both cases. It's their right to keep their image intact, and I've already said how much I find the Kurt Cobain situation rather disgusting.

Activision have just become arrogant assholes with their constant milking of the "Hero" franchise.
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branden77
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they want the money, read the fine print, the lawyers should have figured all this out, all the "artists" see is $$$$.
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King Hiss
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Kurt Cobain doesn't see shit, yet he's dancing around like a pop diva to songs he wouldn't piss on. Where's the moral responsibility on Activision's part. It's become more than obvious lately that they don't have one. They're the fuckers counting all the cash out of this as they lazily plop out yet another rehashed piece of shit without taking the time to even think.
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Lonely Wolf
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Totally agree hiss.
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branden77
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King Hiss
Monday Dec 14 2009, 05:48 PM
Kurt Cobain doesn't see shit, yet he's dancing around like a pop diva to songs he wouldn't piss on. Where's the moral responsibility on Activision's part. It's become more than obvious lately that they don't have one. They're the fuckers counting all the cash out of this as they lazily plop out yet another rehashed piece of shit without taking the time to even think.
well they didnt do it without permission, did they? someone who was allowed to signed on the dotted line.
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King Hiss
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Yeah, a drugged up crack whore in Courtney Love (the other 2 band members disapproved and had no say), and No Doubt, who claim that it isn't even in the fine print and Activision are going beyond what they agreed.

Professional responsibility and integrity. Thing's Activision clearly lack.

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branden77
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good taste in women, something Kurt obviously lacked.
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felicitous blue
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I agree with the Kurt Cobain thing - he didn't have a say - but no doubt need to suck it up. It only takes a modicum of common sense, and playing any of the previous GH games that had character unlocks, to see that if you agree to your likeness being in the game it'll be able to be used in any song. They wanted the exposure of being in GH, they need to take the shit with the good.

If they didn't like the other music in the game, and didn't want their likeness to be used playing those songs, they should have shown a bit of integrity in the first place and refused to be in the game at all.

yo listen up here's a story
about a little guy that lives in a blue world
and all day and all night and everything he sees
is just blue like him inside and outside
blue his house with a blue little window
and a blue corvette
and everything is blue for him and hisself
and everybody around
cos he ain't got nobody to listen to

i'm blue da ba dee da ba die...
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