The Santa Monica-based Activision is the same video game making company that drew the ire from the public in September for including the late Kurt Cobain as a playable character in Guitar Hero 5. The late singer's wife, Courtney Love, claimed at the time that she hadn't been informed by the game maker that Cobain's avatar would be able to perform any song in the game.
Activision is now drawing the wrath of the American rock group No Doubt that claims the game publisher went far beyond agreed-upon uses of its likeness in Band Hero, which debuted this week on the Xbox 360, PlayStation 3, PlayStation 2, Wii, and DS.
No Doubt protests the use of its in-game likeness
According to the Los Angeles Times, No Doubt has filed a suit against Activision over its appearance in the just-released Band Hero edition of the Guitar Hero video game series.
The suit, filed Wednesday in Los Angeles County Superior Court, accuses Activision of illegally transforming the No Doubt rockers into a “virtual karaoke circus act", as well as manipulating them to perform songs popularized by other acts.
The lawsuit states that the publisher went beyond the agreement by allowing gamers to use avatars of the group members performing songs from other rock groups. The suit emphasizes that Activision did not have the contractual right to include No Doubt band members in songs other than "Just a Girl," "Don't Speak", and "Excuse Me Mr", which they had provided for the game.
Breach of contract suit
The lawsuit, which came a day after "Band Hero" hit stores, is accusing Activision of fraudulent inducement and breach of contract.
"The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission," No Doubt manager Jim Guerinot told the LA 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."
No Doubt claims they have not authorized the company to allow group members’ avatars singing some 60 songs neither belonging to the group nor approved by them for use in the game, including the Rolling Stones’ “Honky Tonk Woman”.
"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 group states in its lawsuit, according to the LA Times.
Avatars not allowed to perform other artists’ songs
The rock band reportedly goes on to complain that Activision intentionally did not inform the group members that their avatars could be used to perform other artists’ songs.
“Activision has deceived and confused the public into believing that No Doubt authorized the use of its name and likeness for the Character Manipulation Feature of Band Hero and that No Doubt approves and endorses the appearance of its members individually performing songs that are wholly inappropriate and out of character for No Doubt,” the group complains.
The complaint also states that the gaming company refused to remove band members' likenesses from the game or lock them to the group's songs. The group alleges that the publisher says that removing or disabling the character-manipulating feature in the game would be "too expensive".
No Doubt now seeks unspecified actual and punitive damages, a temporary restraining order, a preliminary injunction and a permanent injunction against distribution of the Band Hero game and for Activision to recall existing copies of the game.
Activision responds
Meanwhile, Activision has released a statement in response to the lawsuit, stating: "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 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," the publisher said.
"Pursuant to that agreement, Activision worked with No Doubt and the band's management in developing Band Hero…Activision is exploring its own legal options with respect to No Doubt's obligations under the agreement."
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