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60s Crooner 'Dion' Suing Zenimax Over 'The Wanderer' - Fallout 4 - MMORPG.com
SBFord
Former Associate EditorMember LegendaryPosts: 33,129
60s Crooner 'Dion' Suing Zenimax Over 'The Wanderer' - Fallout 4 - MMORPG.com
Fallout 4 News - 60s singer Dion is taking Zenimax Media to court over its use of "The Wanderer" in a Fallout 4 promotion. He is seeking $1M from the company calling the use of his signature song for the game "repugnant" and that the ads "featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport".
Comments
¯\_(ツ)_/¯
The musician signed an agreement for Fallout to use his music. And then he complains they didn't double check with him later? It feels like there isn't much of a case here, unless his agreement stated Zenimax needs to show him the commercial before releasing?
According to the suit, DiMucci entered an agreement via UMG Recordings to license the song for the “Fallout 4” commercials.
However, the suit says, under the agreement DiMucci had the right to separately bargain with ZeniMax for a better rate, and to prohibit the use of the song unless his terms were met first. The suit says that ZeniMax failed to separately bargain with DiMucci, and failed to obtain his advance consent before the commercials ran.
The consent portion is important, the lawsuit says, because the “Fallout 4” ads were “objectionable” due to their violence.
¯\_(ツ)_/¯
I say "announce a lawsuit" because it is all a publicity stunt. The defendant (game, movie, or politician) simply produces the license agreement signed with the third party, and it all goes away. I seriously doubt that any license agreement for the use of The Wanderer requires the licensee to first get permission from the artist. I mean, that is just stupid. If licensees had to first get permission from the artist, then why license through a third party? Why not just have all those wishing to license the song to come to the artist directly?
Because that's not the way it works, and this guy's lawsuit is going nowhere.
On the other hand, as far as immoral images go, the song is about being a manwhore.
If I had a third hand, Zenimax sitting on the other side of the courtroom this time is just desserts.
Feels like someone at Zenimax forgot to follow up with the musician properly then. It's a scary world though - one person forgetting to double check with a guy leading to a $1M lawsuit.
“Microtransactions? In a single player role-playing game? Are you nuts?”
― CD PROJEKT RED
Ernie Maresca - The Wanderer
Kansas City - Wilbert Harrison
Song just won't die.
Dion - Ruby Baby
Artists ALWAYS require final approval of advertisements or charge absorbent fees to wave the right. I'd even go so far to say that entertainment lawyers put the stipulation in the paper work knowing some bozo is going to shortcut it and earn them some extra money.
The artist shouldn't have had to see the video on TV to have issue with it. Had somebody done their job they would have a final sign-off from him OK'ing the final version and he'd be a dog howling at the moon.
¯\_(ツ)_/¯
ASCAP doesn't license, they collect royalties.
Publishing companies handle the licensing and placement and it isn't some "nobody gets to approve anything" situation either. It's standard business.
Many times writers/composers have their own publishing companies or sell a portion of their publishing rights for advances. Artists are artists and they typically don't want their music misrepresented regardless. In THIS case this is a basic f#%k up on Zenimaxs part, and the publishing companies legal team is just adding extra language for dramatic effect. It's like forgetting a line item on an artists rider sheet. Something as little as not removing black jelly beans from a bowl can end up in the forfeiture of money. Legal will say the black jelly beans "caused irreparable emotional trauma" which sounds silly but doesn't change the fact the agreement is in black and white.
¯\_(ツ)_/¯
The fact that he gave them the rights to use it and is now having a hissy fit because they used it in a trailer that had violence in it is just mind boggling to me, especially after they told him the franchise it was being used in.
In my opinion he just want a bigger payout and is scrapping for clauses.
¯\_(ツ)_/¯
Is music that difficult? You see people now with sound boards that music while walking down the street in a 5 min video. Literally taking them no time to make the music since they make it as they go.
So to that end, this guy doesnt deserve a penny for some song which I am assuming is old as well.
There comes a time when certain media just doesn't have the copy right to make money, and may be people should make another song like the 5 mins it takes other people to make. May be writing the lyris takes a while... thats about it.
Write bad things that are done to you in sand, but write the good things that happen to you on a piece of marble
Its a two way street with communication, if the clause said that he could bargain with them and he did not, why now is he pulling a lawsuit.
Its like me selling a song to McDonalds saying they have the rights to use it and then having a stink because i find fast food "objectionable" because its not healthy. I clearly knew beforehand what the company was going to use it in, as they knew it was for Fallout 4.
Sure Zenimax probably should have contacted Dion, but then again, they have paid for the rights to be able to use it, Dion had already gave them permission and would have received payment. He just wants a larger slice of cake now.
Personally i'd side with Zenimax on this, if Dion was not happy then he should have done his homework on what his music was going to be used on before handing away the rights.
ASCAP licenses music and distributes royalties. You can buy a license right from their website. The publishing company makes the deals with companies like ASCAP, BMI, and SESAC. Do you really believe every publishing company makes separate deals with every grocery store, restaurant, and radio station?
In fact, some venues are exclusive! Just like in a restaurant where you can have either Coke products OR Pepsi products, some venues (e.g. convention center) permit only ASCAP licensed playlists or BMI licensed playlists, but not both. Politicians, motivational speakers, and other types of businesses sometimes get in trouble because of this. They license music through BMI, then play that music at an ASCAP only venue.
The only good argument in favor of the artist, that I have seen in this thread, is the possibility that Zenimax may not have obtained the proper licensing for both the game and the commercial.
Other than that, the artist is hoping Zenimax settles just to avoid a more expensive court battle, which Zenimax would win.
That's just, like, my opinion, man.