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ferrara316
11-05-2009, 03:23 PM
No Doubt Sues Activision Over ‘Circus Act’ Appearance In Band Hero


First, Courtney Love threatens to “sue the s—t” out of Activision for putting Kurt Cobain in Guitar Hero 5, and now rock-ska band No Doubt is suing the company for turning it into a “virtual karaoke circus act” in Band Hero. At issue is the way that band members like Gwen Stefani are portrayed; No Doubt agreed to appear in the game—and coincidentally, is still promoting Band Hero on its website (http://www.nodoubt.com/default.aspx)—but says that Activision (NSDQ: ATVI (http://finance.paidcontent.org/paidcontent?Page=QUOTE&Ticker=ATVI)) used their likenesses in ways that the contract they signed didn’t cover.

Jim Guerinot, the band’s manager, told the LAT (http://latimesblogs.latimes.com/music_blog/2009/11/no-doubt-sues-activision-over-band-hero.html) that No Doubt only agreed to play three songs together as a band in the game. But Band Hero lets players split No Doubt up, and play as individuals in over 60 songs; players can give Stefani a man’s voice, for example, and make her sing the Rolling Stones’ Honky Tonk Women (which refers to having sex with prostitutes). So the band members are suing Activision for a preliminary injunction prohibiting the “unauthorized use” of their names and likenesses; No Doubt is asking for unspecified actual and punitive damages, a permanent ban on distribution of the game, and even a recall of existing copies.
Activision responded to the suit with this statement: “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.”
It remains to be seen whether the band’s case actually winds up forcing Activision to stop selling the game, or even alter No Doubt’s likenesses in future copies, since the group did sign a contract. It’s a situation very similar to Courtney Love’s. As Activision told Kotaku (http://kotaku.com/5356726/activision-courtney-love-signed-cobain-contract-for-guitar-hero-5-update), it could not have inserted Cobain into Guitar Hero 5 without her written permission, since she’s his widow and executor of his estate. Perhaps the lesson here is that artists—and their lawyers—need to do a better job of reading through the fine print on game licensing contracts.

Tameka Kee (http://paidcontent.org/bio/70/) Nov 5, 2009 12:04 AM ET



Activision and all their craziness man lol.

sweatdog
11-05-2009, 03:37 PM
I believe that the contracts probably protect Activision in the No Doubt and Kurt Cobain cases, so I'd be surprised to see any pulling of the game off of shelves, and certainly I'd be shocked to see a recall. What will probably result from this, however, is some backlash by recording artists against the publishers in these games making it more difficult to sign them for future installments. I also suspect we've seen the last of using real rock stars on any other songs than the one's they recorded on future Guitar/Band Hero game.

ferrara316
11-05-2009, 03:56 PM
agreed. whats funny about this is that I am surprised Ozzy and Zakk Wylde didnt do the same with World Tour. You can sing a girly song as Ozzy lol, and play crappy pop rock with Zakk Wylde haha

steve36ty
11-05-2009, 05:18 PM
Yaay double achievements for everyone if they do a recall lol
2 chances of that happening, Bob Hope and no hope

What next, covers ? They could call (or recall) the next game -
Karaoke Rock Pop Tour Band Lego Hero ft. Elvis Jackson

nomadnomad7
11-05-2009, 05:23 PM
maybe ozzy and zakk think it's funny or just don't care.

i think it's pretty lame that no doubt is upset about it. i mean, who cares if your character in a video game can sing songs that don't sound like you? get over it no doubt!

dakisbac
11-05-2009, 05:23 PM
What a stupid thing to sue over. "Gwen Stefani's likeness is singing as a guy!" Oh no! Who gives a shit

toonsage
11-07-2009, 08:51 PM
lmao thats hilarious imo =P im pretty sure they should have maybe played any previous gh games and seen that anyone can sing any song regardless of sex

rican ninja89
12-13-2009, 07:33 AM
In a way it makes sense i mean hell they respected Jimi Hendrix in world tour by only puting him on his songs so why not do that for everyone.

Aceman417
12-30-2009, 08:21 PM
That is stupid. Who cares if you sing as a guy or a chick, my character has sung many songs as a girl and I don't care. And when the recall the game, how does that work, what if you don't hand it back in.

InkedUp
12-30-2009, 08:53 PM
Good job No Doubt, you just put yourselves into the same category as that nutjob Courtney Love. Maybe they should sue their lawyers for not paying attention to what the contract has written in it. Some of these artists now-a-days are turning out to be a bunch a whiney bitches.