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No Doubt Sues Activision Over Band Hero

Tom Ivan's picture

By Tom Ivan

November 5, 2009

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Rock band No Doubt has filed a lawsuit against Activision over the use of its name and likeness in Band Hero.

The group alleges that it has been transformed “into a virtual karaoke circus act” because players can perform songs using No Doubt avatars that weren’t approved by the band.

“The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission,” No Doubt manager Jim Guerinot said, according to 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.”

The band is seeking damages and a temporary restraining order. In addition, its suit calls for a permanent injunction against distribution of the game and for Activision to recall existing copies.

Activision countered the suit in a statement, saying that it “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”.

The publisher added: “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…. Activision is exploring its own legal options with respect to No Doubt’s obligations under the agreement.”

In September, Courtney Love, the widow of former Nirvana frontman Kurt Cobain, threatened to sue Activision for breach of contract over her late husband’s appearance in Guitar Hero 5.

toadwarrior's picture
On November 5th toadwarrior said:

I have no problem with Kurt Cobain in the game and I don't care about No Doubt

But I do hope these shitty musical games die a violent death soon.

zerobob's picture
On November 5th zerobob said:

I'm just pretty sick of "Hero" and "Band" games in general. Will they ever end, or will we just see game after game released, each the same as the last but with new songs?

The only way the games can ultimately evolve is to integrate real instruments into the game (or near-to-real instruments) and then you may as well have spent your 100s of pounds on real guitar/ drum/ amplification equipment.

Ben_Lathwell's picture
On November 5th Ben_Lathwell said:

First it was Kobain now Steffani, next Sonic will be sueing Nintendo for using his appearance in Smash bros outside of Green Hill zone.

Seriously tho i think this comes down to a classic case of new media being mis-understood, i totally believe Activision when they say they got permission but would argue that the artist/Love didn't completely realise what they were signing.

And IMO having Kobain sing other peoples songs is pretty wrong and tastless, i think Activision should have some class and release a patch for this, even if it does mean Courtney Love will get her own money-grabbing way.

Alex Walker's picture
On November 5th Alex Walker said:

Why is it wrong and tasteless? Granted I can't stand Cobain, but if we went with Michael Jackson as a dead musician I like, I'd have no issues whatsoever.

I genuinely can't see the fuss over it.

mentor07825's picture
On November 5th mentor07825 said:

Same, I can't see the problem with this.

If we wanted the true Cobain experience then they should add a feature that he hangs himself after each song in the game, going out in style.

Now that would be tasteless.

Ben_Lathwell's picture
On November 5th Ben_Lathwell said:

Its wrong and tasteless because, as with Cobain, it is clearly against what he would have wanted.

Cobain always struggled with fame, and resented the mainstream music industry. There is no way in hell he would have ever wanted his likeness being used in this way.

Michael Jackson is a different issue, he probably would have embraced the idea of a likeness of himself doing kareoke.

IMO you should respect the dead when portraying them in this manner. If Cobain was being portrayed as a parody in GH then it would be different, but he isn't, he is conveyed as the real deal therefore his personality and beliefs should be as important as his likeness and mannerisms.

This is another example of the games industries immature nature.

P.S im not a Nirvana or Cobain fan

also a part where Cobain hangs himself may well fit into the GH mis-representation, seeing as he shot himself

Larson's picture
On November 6th Larson said:

Who knows what Kurt would have thought? Bob Dylan sells fucking iPods now!