No Doubt Sue Activision for Band Hero Manipulation
In yet another case of The Music vs. Acitivision, No Doubt are filing a lawsuit against the makers of Band Hero.
The suit contends the game “transformed No Doubt band members into a virtual karaoke circus act,” and the use of the band members’ avatars far exceeded anything agreed upon in the contract, according to the Los Angeles Times. One aspect of the game allows players to manipulate their characters into singing songs by other artists, for example having lead singer Gwen Stefani sing “Honky Tonk Woman” by the Rolling Stones.
“While No Doubt are avid fans of the Rolling Stones and even have performed in concerts with the Rolling Stones, the Character Manipulation Feature results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes,” the complaint reads.
The complaint also claims Activision withheld information on the Character Manipulation Feature, and allegedly told the band after they had requested to the have the function disabled that it would be too expensive to do so.
Initially, No Doubt signed on to having their likenesses used for only three of their own songs in the game, but wound up appearing in more than 60 songs either as a band or solo. The lawsuit asks for actual and punitive damages that are as yet unspecified, a temporary restraining order and a permanent injunction stopping the distribution of Band Hero, as well as a recall of any existing copies.
The complaint argues the songs No Doubt appear on “include lyrics, contained in iconic songs, which are not appropriate for No Doubt and have not been chosen by No Doubt for recordings or public performances.”
“The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission,” band manager Jim Guerinot told the Los Angeles Times. “They agreed to play three No Doubt songs as a band. . . . Activision then went and put them in 62 other songs and broke the band up [and] never even asked.”
As for Activision, they must be getting used to this sort of thing after coming under fire from both Dave Grohl and Courtney Love on behalf of Kurt Cobain when his likeness was used with the same Character Manipulation Feature.
Activision is claiming No Doubt’s suit is “without merit” and the company is now exploring its own legal options with respect to No Doubt’s obligations under the agreement.”
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