Yesterday we learned that No Doubt was suing Activision over its appearance in Band Hero, seemingly encouraged by the Kurt Cobain situation and claiming that they never agreed to be used as in-game puppets that sing any crap song on command. Activision has since bitten back and -- surprise surprise -- denies any wrongdoing.
"Some of the world’s most popular and iconic artists have been featured in Guitar Hero as playable characters, and we are proud to count No Doubt among them," responds the evil publisher. "Activision has a written agreement to use No Doubt in Band Hero -- an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry.
"Pursuant to that agreement, Activision worked with No Doubt and the band’s management in developing Band Hero. As a result, Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit. Activision is exploring its own legal options with respect to No Doubt’s obligations under the agreement."
While I'm not one to usually side with Activision, lawsuits brought about by the bruised egos of musicians who are taking themselves too seriously aren't things I like to see. I'm also fairly certain that Activision, of all companies, would have made sure that its agreement with No Doubt was iron-clad before Band Hero arrived. The publisher doesn't strike me as the kind of company to not make sure its back is covered.
What do you think? Is the band just stomping its feet because it wasn't aware of what it agreed to, or should the evil publisher admit it's wrong to make Gwen Stefani sing Spice Girls songs?
Jim Sterling serves as reviews editor for Destructoid.com, head of the Podtoid podcast, and produces a number of news stories, original features, one-of-a-kind videos. With his passionate argumentative style, controversial opinions, harsh delivery, and dedication to brutal honesty Sterling is a name that you can't help but recognize.
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Contest:
10:40 AM on 11.05.2009
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Does anyone know if one can view these contracts online (super-duper unlikely).
Also thigh.
Sarcasm aside they signed a contract allowing themselves to be put into the game much like the Cobain one and they really don't have much valid legal recourse. When they signed up to do this they had to know that was going to happen and to say they didn't is just ignorance on their part which the law doesn't care about.
Activision should get a clue after 3 or 4 lawsuits and realize that artists do not want to be represented playing other artists songs.
If it's just them trying to "lolsue" even though they knew their likeness may be used to sing other songs then they can just screw off.
Stefani breast or thigh?
Are you kidding? Always the thigh. Much better meat.
If the band wins though it will open the doors to all of the iconic figures from their recent games to sue.
Whine whine whine. Really, your following in the footsteps of Courtney Love here. Have you ever read that woman's Twitter? Are you SURE you want to be like her?
Side note, DO read that woman's Twitter. It's painful.
This is what musicians do all the time and more often than not it falls into the favor of Evil Corporation X. There's something to be said about that and also to the fact that this isn't the first time somebody has gotten pissy over ylthe use of their likeness in GH and every time they fail.
Lesson? Don't do business with Activision. They have evil magic words in their contracts that blindsight lawyers.
I think those "evil magic words" are commas followed by lots of zeros; they distract from the actual words written on the contract.
What was the article about again?
anyway, get over it 'no doubt'.. they are probably reaping royalties from activision constantly or got paid a huge sum of money in the first place. Its not as if they are broke is it?!
As far as a band having a "bruised ego" - well, I think any artist has a right to protect their image and intellectual properties. If No Doubt doesn't want their likenesses singing NKOTB songs, I think they should have some say about it.
No Doubt claims that the contract obligates Activision to use their likenesses only for their three songs. I know from personal experience that what a contract states, and what the developer actually does, can often be two completely different realities - especially in a megasuperhuge organization such as Activision. That's why lawsuits happen.
But see, not many people here will even consider that. I think if it were a band we were collectively interested in (Children of Bodom for example), we might be willing to see the issue differently.
Your points are completely valid.. unfortunately your first paragraph makes you come across like a smug twat :D
So you read the contract and know that the claims are without merit? Congrats, you should offer you services as legal counsel rather than wasting time on a videogame message board.
Or I guess it just *might* be possible that you have no idea what you are talking about.
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