Singer sues 'Fallout 4' publisher over use of a classic song

[Jim K Global Moderator]

Quote

The Fallout game series is legendary for its use of music to set the post-apocalyptic mood, but it might have been a little too eager when creating the tone for Fallout 4. Singer Dion DiMucci has sued Fallout's publisher, ZeniMax, for allegedly using his 1961 hit "The Wanderer" for ads without verifying that he approved of the content. The artist contends that ZeniMax didn't bother honoring contract terms that let him refuse the use of his song in the promos, which he finds "morally indefensible." He's not objecting to the game itself -- rather, it's that the ads glorify the protagonist's violence "as sport" instead of focusing on the "struggle for survival." Clearly, he's not a fan of seeing his cherished, upbeat pop song playing as someone guns down mutants.

 

The lawsuit calls on ZeniMax to both take the ads down and pay $1 million in damages. DiMucci says he was also denied a right to negotiate a licensing fee.

Source: Engadget

 

Dion DiMucci vs. ZeniMax Media on Scribd for which #15 and #16 of the lawsuit reads ...

 

Quote

///

15. In "The Wanderer", Dion gives life to the story of a sad young man who wanders from town to town, not having found himself or the capacity for an enduring relationship. The song describes isolation during coming of age. Without Plaintiff’s consent, Defendants dubbed "The Wanderer" into commercials in which the protagonist, a wanderer, roams from one location to the next, armed and hunting for victims to slaughter. Defendant’s Commercials have no redeeming value, they simply entice young people to buy a videogame by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying

 

16. Had Defendant performed its obligations and bargained with Plaintiff prior to the first use, Plaintiff could have used his right to refuse consent to persuade Defendant to change the scripts so that, for instance, they instead told the story of a post-apocalyptic struggle for survival without craven violence. Alternately, he could have priced into his fee adequate compensation to safeguard himself against the potential loss of goodwill from being associated with the immoral images in Defendant’s scripts.

///