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Game Details
Guitar Hero Encore: Rocks the 80's
Available on :
Playstation 2
Developed by :
Published by :
Genre :
Music
Description
Activision to bring a dose of nostalgia to the popular game series, with 30 tracks from the era including originals from Flock of Seagulls, Twisted Sister.
Articles
14-09-07 Review for Playstation 2
Latest news
06-11-07 More 80's for Guitar Hero
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News
Activison sued because of 'realistic imitation'
Posted on Saturday, 24 November 2007 by Anneleen, source: Detroit Free Press
The Romantics have decided to sue Activision because of "the unspecified damage caused by Activisions imitation of their song."
The conflict revolves around the Romantics' hitsong 'What I like about you', available in Guitar Hero Encore: Rocks the 80's. It is not about copyright problems, since Activision properly secured premission to use the song.
The issue for the Romantics, according to the band's lawyer, is that Activision was allowed to record a cover version but not create an imitation that infringes the group's rights and causes them to not have recieved the proper royalities.
The group and their laywer refer to earlier cases about the use of songs in commercials. In those cases, the imitation recordings were ruled to have infringed the artists’ rights to publicity by leading consumers to associate the artist with the advertised product.
Jessica Litman, a University of Michigan law professor and copyright specialist, believes that commercials are something else than games and that consequently the Romantics might lose the case.
The conflict revolves around the Romantics' hitsong 'What I like about you', available in Guitar Hero Encore: Rocks the 80's. It is not about copyright problems, since Activision properly secured premission to use the song.
The issue for the Romantics, according to the band's lawyer, is that Activision was allowed to record a cover version but not create an imitation that infringes the group's rights and causes them to not have recieved the proper royalities.
It’s a very good imitation, and that’s our objection,” said Troy attorney William Horton. “Even the guys in the band said, ‘Wow, that’s not us, but it sure sounds like us.’” By creating an imitation so much like the Romantics’ original, they said, the company has infringed the group’s right to its own image and likeness.
Horton said Activision should have secured a master license for the Romantics’ original 1980 recording, then paid appropriate royalties. He said the band became aware of the issue when fans said they’d heard the song in the game but members saw no accounting for it on their record-label royalty checks.
“I was very upset because the band had worked very hard over many years to develop and use its distinctive sound,” the Romantics’ Wally Palmer said in an affidavit.
Horton said Activision should have secured a master license for the Romantics’ original 1980 recording, then paid appropriate royalties. He said the band became aware of the issue when fans said they’d heard the song in the game but members saw no accounting for it on their record-label royalty checks.
“I was very upset because the band had worked very hard over many years to develop and use its distinctive sound,” the Romantics’ Wally Palmer said in an affidavit.
The group and their laywer refer to earlier cases about the use of songs in commercials. In those cases, the imitation recordings were ruled to have infringed the artists’ rights to publicity by leading consumers to associate the artist with the advertised product.
Jessica Litman, a University of Michigan law professor and copyright specialist, believes that commercials are something else than games and that consequently the Romantics might lose the case.
The Waits and Midler cases hinged on the fact that the sound-alikes were used in advertising, potentially causing viewers to think those artists were making a commercial endorsement. “Here it’s being used as an intrinsic sound in the gameplay,” Litman said. “That seems to me to be a loser on state law grounds and trademark grounds, because no one is going to be confused and think that they’re endorsing Playstation or ‘Guitar Hero.’ ”
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