What The Romantics don't like about 'Guitar Hero'
(Credit: Amazon)Imitation may be the sincerest form of flattery, but try telling that to The Romantics.
The new-wave rock band has filed a lawsuit against Guitar Hero game publisher Activision for its use of a sound-alike recording of What I Like About You in Guitar Hero Encore: Rocks the 80s, according to a report in the Detroit Free Press. The band is also seeking an injunction against the game, which could result in the game being pulled from store shelves.
The band isn't claiming Activision infringed on its copyright of the song; indeed the game publisher had permission to use a cover version of the song. However, that cover version was too good, and The Romantics sued, claiming that game publisher infringed the group's right to its own image and likeness, the band's lawyers told the newspaper.
"It's a very good imitation, and that's our objection," William Horton told the paper. "Even the guys in the band said, 'Wow, that's not us, but it sure sounds like us.'"
Also named in he lawsuit was music firm Wavegroup Sound, which recorded the song for the game.
The game franchise has been wildly successful for Activision. Earlier this month, the company announced that Guitar Hero III: Legends of Rock had earned $115 million in its first week on the market.
That aside, this is the most perfect example of a frivolous lawsuit I've ever seen!
That aside, this is the most perfect example of a frivolous lawsuit I've ever seen!
Romantics - Do our song on Guitar Hero!!!
Romantics - Oh no, it's too good
Romantics - We gonna sue your ***** >:(
Dear Romantics, please return to your graves and continue rotting.
Romantics - Do our song on Guitar Hero!!!
Romantics - Oh no, it's too good
Romantics - We gonna sue your ***** >:(
Dear Romantics, please return to your graves and continue rotting.
It was like a better band that played that song, and actually made improvements to it so it sounded a lot better than the original.
It was like a better band that played that song, and actually made improvements to it so it sounded a lot better than the original.
Are the on drugs!?
(wait, I withdraw the question.)
File this under the "Looking a gift horse in the mouth" department. They get all kinds of publicity and exposure, not to mention a free ride back into the public consciousness in a way that very, very few groups could ever dream of, are members of a now-exclusive fraternity of recording artists who have been enshrined in a Guitar Hero game...
...and they're MAD!? Because Wavegroup covered them TOO FAITHFULLY!?
Give me a big, fat, hairy break, man. Hey--open message to The Romantics: Get the $#&*%! over yourselves.
Are the on drugs!?
(wait, I withdraw the question.)
File this under the "Looking a gift horse in the mouth" department. They get all kinds of publicity and exposure, not to mention a free ride back into the public consciousness in a way that very, very few groups could ever dream of, are members of a now-exclusive fraternity of recording artists who have been enshrined in a Guitar Hero game...
...and they're MAD!? Because Wavegroup covered them TOO FAITHFULLY!?
Give me a big, fat, hairy break, man. Hey--open message to The Romantics: Get the $#&*%! over yourselves.
When making a Comic Book adaption of a movie or TV series, the artists are usually restricted so that they cannot make the drawn characters resemble the ACTORS too closely (because that would infringe upon the rights of the actors themselves who need to protect their IMAGE and LIKENESS).
An example; in the late 1970's, when Marvel Comics had drawn the characters within its adaptions of Battlestar Galactica and Star Wars too closely to the likeness of the ACTORS, they ran into trouble. Even though the likeness was only apparent on a few panels of the comics, it caused problems for the artists and Marvel, and warnings were issued.
That is only one example, and an old one at that. If activision wanted the ACTUAL "Romantics" (exact likeness and almost exact sound) then they would need to negotiate THAT arrangement with the group.
The song "What I Like about you" is one of the most SUCCESSFUL rock songs in the HISTORY of rock 'n roll and a true Cinderella story (since it also never charted in the top 40). The Romantics are a bunch of great, hard working musicians who have paid their dues 100 times over. They are not washed up, or poor by any means and this is not JUST about money. This is about protecting your IMAGE/LIKENESS and how (and when) it is used.
This is a legitimate case regarding LIKENESS. Any actor or musician needs to protect their own LIKENESS and this is not the first time such a case has happened.
I can't say if it's a case that they can win in court, but I can tell you that using the IMAGE and LIKNESS (visual and/or sound) must be properly negotiated. Example; If you were to negotiate the rights for a comic book adaption of the "Xena" TV series and then drew the character to look EXACTLY like Lucy Lawless, you would be sued by her in a quick second. Also, you can't sign a contract to create a "cover" of a song and then create something that sounds exatly like the original. That's an illegal way of not having to pay for the full rights to the REAL song.
J. McDonald
"Romantics Fan"
When making a Comic Book adaption of a movie or TV series, the artists are usually restricted so that they cannot make the drawn characters resemble the ACTORS too closely (because that would infringe upon the rights of the actors themselves who need to protect their IMAGE and LIKENESS).
An example; in the late 1970's, when Marvel Comics had drawn the characters within its adaptions of Battlestar Galactica and Star Wars too closely to the likeness of the ACTORS, they ran into trouble. Even though the likeness was only apparent on a few panels of the comics, it caused problems for the artists and Marvel, and warnings were issued.
That is only one example, and an old one at that. If activision wanted the ACTUAL "Romantics" (exact likeness and almost exact sound) then they would need to negotiate THAT arrangement with the group.
The song "What I Like about you" is one of the most SUCCESSFUL rock songs in the HISTORY of rock 'n roll and a true Cinderella story (since it also never charted in the top 40). The Romantics are a bunch of great, hard working musicians who have paid their dues 100 times over. They are not washed up, or poor by any means and this is not JUST about money. This is about protecting your IMAGE/LIKENESS and how (and when) it is used.
This is a legitimate case regarding LIKENESS. Any actor or musician needs to protect their own LIKENESS and this is not the first time such a case has happened.
I can't say if it's a case that they can win in court, but I can tell you that using the IMAGE and LIKNESS (visual and/or sound) must be properly negotiated. Example; If you were to negotiate the rights for a comic book adaption of the "Xena" TV series and then drew the character to look EXACTLY like Lucy Lawless, you would be sued by her in a quick second. Also, you can't sign a contract to create a "cover" of a song and then create something that sounds exatly like the original. That's an illegal way of not having to pay for the full rights to the REAL song.
J. McDonald
"Romantics Fan"
Activision/Harmonix got license to do a COVER. They did a COVER. They give The Romantics credit for the COVER they did every time the level starts playing, for Christ's sake!
With Activision having a signed contract in-hand, The Romantics have a shaky legal footing at best from which to launch this ridiculous suit.
- Maybe if they'd have poined up the original tracks...
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by piusg
November 23, 2007 10:24 PM PST
- Well maybe if they'd ponied up the original tracks for the game like Scandal did, then they'd have gotten a master license out of Activision/Harmonix now, wouldn't they have?
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See all 108 Comments >>Activision/Harmonix got license to do a COVER. They did a COVER. They give The Romantics credit for the COVER they did every time the level starts playing, for Christ's sake!
With Activision having a signed contract in-hand, The Romantics have a shaky legal footing at best from which to launch this ridiculous suit.