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Matthew Sweet considering lawsuit over use of 'Girlfriend' in Guitar Hero II photo

From the outside looking in, I'm not exactly sure why an artist wouldn't want his or her music in a popular music game, but singer-songwriter Matthew Sweet isn't all that thrilled. Speaking with North County Times, Sweet says he was unaware that his song "Girlfriend" would be included in 2006's Guitar Hero II. 

"I've been trying to see if I can get a lawsuit against them 'cause they never asked to use the song," Sweet said right after noting that "a lot of kids have gotten into" his music because of the inclusion of the song in the title. 

"I found out that the Romantics have a lawsuit going against the makers of that game," he continued, referencing the lawsuit over a cover version of their song "What I Like About You" in Guitar Hero Encore: Rocks the 80s. "I don't know if the Romantics are going to win their suit, but it's really weird. I've never sued anyone in my life, but I don't think it would amount to much anyway."

Sweet is right -- the Romantics suit was recently thrown out of court because, and forgive my lack of legalese, the whole thing was stupid to begin with.

While I can understand wanting credit for the use of your music, even if it's in the form of cold hard cash, it's difficult to see why one wouldn't want their music heard by a potentially new audience. If the inclusion of the song results in more sales on iTunes, more records sold, higher concert attendance, or more shirts pushed out of Hot Topic, why all the hate?

Discuss.

[Thanks, Mark for the tip and the image!]


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31 comments | showing # 1 to 31

TheCleaningGuy's Avatar
TheCleaningGuy at 08/26/2008 13:41
The song sucks anyway, but why is he filing a lawsuit over free publicity?
Antlerbot's Avatar
Antlerbot at 08/26/2008 13:45
Uh. It's great to say "hey, who would anyone give up free publicity," but we have creative control laws and royalties for a reason, namely, so artists have control of what their work is used for and so that they get paid for it, respectively.

Regardless of how helpful anyone else thinks his song appearing in Guitar Hero might have been for his career, he should have been asked.
Cartman's Avatar
Cartman at 08/26/2008 13:47


Similarity? I think so.
Nick Chester's Avatar
Nick Chester at 08/26/2008 13:48
I can't speak on how it works exactly, but if Sweet doesn't own the rights to his music (but he very well might) then I'm not sure anyone needed to ask him anything.
GuitarAtomik's Avatar
GuitarAtomik at 08/26/2008 13:49
Sounds like he needs to talk to his record label. I HIGHLY doubt Harmonix/Red Octane would have just put in a song without asking anyone and that's probably who they had to ask.
DinnertimeNinja's Avatar
DinnertimeNinja at 08/26/2008 13:52
Yes, well if he wasn't asked for permission, he should be payed the amount that he would have been payed to have his song in the game.

It is indeed to his benefit but it was also to the benefit of the GH people and if they were allowed to go around putting whatever songs in the game that they choose with no accountability it would be quite unfair.

What he DOESN'T deserve is some large absurd settlement that everyone who sues anyone these days seems to be trying to get. Give him his fee and move on.

On the flip side though, this could simply be a case of his record company owning the rights to his songs and THEY were the ones who allowed the song to be in the game. Who knows how smart this guy is =-)
heretrix's Avatar
heretrix at 08/26/2008 13:52
Maybe he should check with his label. I would doubt that these guys would be so stupid as to not get permission to use a song in any of the games..Sounds like somebody needs to check his contract.
pendelton21's Avatar
pendelton21 at 08/26/2008 13:53
If I was him, I'd be pissed they picked a shitty song to represent me.
Bioautographical's Avatar
Bioautographical at 08/26/2008 13:58
Because if you're the type to be concerned enough with "more exposure" (read: not all THAT popular, comparatively speaking), then you probably need whatever money you think a lawsuit can get you.
carrma's Avatar
carrma at 08/26/2008 14:00
@GuitarAtomik

Hmm, yes, I see what you mean... who could possibly find fault with a record label--those bastions of ethics and propriety! But seriously, it looks like he recorded it under a different label so it could be a little gray as far as consent. I understand his ambivalence, but that said, as long as he's getting royalties, he's probably better off with the publicity from the game than trying to get the settlement.
Dr Scientist's Avatar
Dr Scientist at 08/26/2008 14:10
well that is very true, kind of like me posting <a href="http://www.motorola.com/E8">David Elsewhere</a> videos where I see fit, they're funny and cool, and I don't have to ask him because he doesn't own them. i think he'd make money just by gaining more exposure. I thought it was 'about the music" with these guys?
VisMortua's Avatar
VisMortua at 08/26/2008 14:11
@Cartman

Completely agree.
GuitarAtomik's Avatar
GuitarAtomik at 08/26/2008 14:25
@Dr Scientist

Yeah, but I admit if I found out one of my songs was going to be in GH4 but no one intended to tell me about it or pay me for it, I'd be a little pissed.

That said, he probably doesn't have the rights to the song (or at least those specific rights) and his record label went ahead without involving him. Either that, or the record label went behind his back and hoped he didn't ever find out (slightly implausible but not impossible).

The point being that his lawsuit should be aimed at his record label OR he should read his contract a little closer. Either way, I can't blame him for being concerned about it.
Demtor's Avatar
Demtor at 08/26/2008 14:28
I'm with TheCleaningGuy on this. That song was terrible. Easily the least played song on this guys copy of GH2.
Dexter345's Avatar
Dexter345 at 08/26/2008 14:36
I have to imagine that they asked permission from whoever owns the song. Still, why should he sue, if he himself mentioned that having the song in the game got him some young fans and extra sales?
JamnOnTheOne's Avatar
JamnOnTheOne at 08/26/2008 14:44
@Dexter345

If he doesn't sue, it sets a very bad precedent for future "theft".
TrailerParkJesus's Avatar
TrailerParkJesus at 08/26/2008 14:47
If he wins the lawsuit, he ought to give all that "success" back.
PappaDukes's Avatar
PappaDukes at 08/26/2008 14:53
Wow, he JUST found out, 2 years later? Bravo Mr. Sweet. Bravo.
Demtor's Avatar
Demtor at 08/26/2008 14:57
He's been lost in a rain forest for the last two years by the looks of that picture, lol
Hughesmar's Avatar
Hughesmar at 08/26/2008 15:07
Aw, why all the hate for Girlfriend? That's easily one of his best songs. Pure pop rock bliss.

As a huge fan of MS and someone that's met him, I highly doubt his suit (if he even goes forward with it) is going to be driven by moneylust. He's one of the most down to earth artists around. I imagine it's more exercising control over his material.
Eschatos's Avatar
Eschatos at 08/26/2008 16:18
He should be demanding more of his songs in Rock Band.
ducknuckle4k's Avatar
ducknuckle4k at 08/26/2008 16:33
It is great exposure, don't know this guy and not sure why he's publicly crying about it, but do find it wierd that a franchise as big as guitar hero doesn't at least contact the artists first?
DibbityDan's Avatar
DibbityDan at 08/26/2008 16:59
It's because people - especially musicians - are greedy. Especially when their music isn't really as popular as it once was anymore.
Blind assassin's Avatar
Blind assassin at 08/26/2008 17:44
I figure he doesn't own the rights to the song if he can't figure out how to convince a lawyer to tackle a multi-million dollar game franchise on something that would be as simple as saying "That's mine. Give it back."
xe-cute's Avatar
xe-cute at 08/26/2008 17:56
Every time you play a tune and get 100% completion you should be forced to pay royalty fees to the RIAA.
Tet's Avatar
Tet at 08/26/2008 19:21
@ pendelton21
Did he have another song? I liked it when I was a kid, but it may have had something to do with the video being a cartoon. http://www.youtube.com/watch?v=Q9aWPTCc2r0

No company would be stupid enough to use unauthorized music. Maybe you should be talking to whoever owns the rights to it for your share.
AliasWyvernspur's Avatar
AliasWyvernspur at 08/26/2008 20:20
I don't see him as being a dick about it.

It's not as if he doesn't want the song in the game. He sounds as if he were asked, he would have OK'd having the song in the game. He just wanted someone to ask him first.

Either way, damn he's lookin' old.
Sharpless's Avatar
Sharpless at 08/26/2008 20:26
Well, he should recieve some payment from someone for its inclusion, unless he completely sold away the rights to the song. If he did that though, I imagine that he'd already be aware of his loss of rights. Still, I can't imagine the song being licensed without proper approval, whomever has the authority to give it.

I don't blame him for being a little annoyed though. Getting exposure is one thing, but other people making money off a product that uses your music without your permission is another entirely.
wannabepunktony's Avatar
wannabepunktony at 08/26/2008 20:55
"While I can understand wanting credit for the use of your music, even if it's in the form of cold hard cash, it's difficult to see why one wouldn't want their music heard by a potentially new audience. If the inclusion of the song results in more sales on iTunes, more records sold, higher concert attendance, or more shirts pushed out of Hot Topic, why all the hate?"

Is this last bit serious? You have got to be fucking kidding me. God forbid a person for wanting their fair share from a product that uses that person's personal work supposedly without permission. Its not like the other songs weren't licensed involving cash (supposedly), so the issue is where? I'd like to see your positive reaction Nick to someone using your work for profit without proving you any sort of compensation or even asking permission - doubt you'll be singing the same 'devil may care' tune.
Ninjajuice's Avatar
Ninjajuice at 08/27/2008 18:22
They made him a sellout against his will. I'd sue the fuck out of them if they did that to me.
Gameboi's Avatar
Gameboi at 09/01/2008 20:26
Every time I see the words "Mathew Sweet," I am instantly reminded of the lead singer of Stryper.
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