Activision Countersues No Doubt in Band Hero Spat
by Jeff Mattas, Dec 09, 2009 3:50pm PSTIn response to No Doubt's lawsuit alleging improper use of band members' likenesses in 'Band Hero' last month, publisher Activision has launched a counter-suit against the band, alleging contractual breaches which resulted in the band's "unjust enrichment."
In the initial suit filed by No Doubt, the band claims that while they agreed to license their likenesses for 'Band Hero,' they didn't agree to allow their likenesses to be used for other bands' in-game song performances.
In Activision's recent legal filing, the publisher defends a contrary position, arguing that the ability to "unlock" characters for use when playing other bands' songs has been a feature of its music games since 2005. Activision further claims that this feature is "publicly known," though does not mention whether this type of likeness-usage was specifically mentioned in its contract with No Doubt.
Activision also admits that while "it is possible to program a videogame whereby particular in-game characters can only be selected when certain songs are played, the Plaintiff first requested this only after the "Band Hero" programming was finalized, had been submitted to all of the U.S. console manufacturers for approval and had been approved for manufacture by most console manufacturers..." This particular bit of justification seems to imply that had No Doubt made its concerns known earlier, Activision would have been more accommodating.
The countersuit, filed in California Central District Court last week, denies any wrongdoing on the part of Activision. The publisher seeks compensatory damages from the band, alleging that on top of the likeness agreement, No Doubt also promised to help market 'Band Hero,' but was "unjustly enriched by its wrongful conduct against Activision, including by retaining money paid to the band for services it then refused to provide."
It'll be interesting to see how this all shakes out, and its fun to speculate; however, without being able to review the specific language in Activision's contract with No Doubt, sorting through this mess is still a lot like walking into spider webs.
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Comments
they are destroying the creative and innovative gaming sector more and more with these actions and their buy-outs!
its a bad evolution that the publishers are getting hollywood studios proportions and behaviour...
Where is the time when small company's where independent and made so much creative and pure addictive fun games... Sure there were publishers, but they didn't decide the policy of the game developpers...
Origin, 3drealms, westwood, bullfrog, maxis, bluebyte, black isle studios, ID software, Sierra and all the wonderfull game developpers that made me get up early to play those games...
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That said, though, when you sign off on allowing your music and likeness to be used, the contract is very specific for what it can be used for. It might seem trivial, but if Activision went out of the bounds of their contract with the band, then they have it coming. You don't get a specific contract for someone's music/likeness and then assume that they assume that you're going to do other things with it outside of the agreement.
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Something good ideally, but I'm not sure if it really matters.
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