Romantics sues Activision for song on Guitar Hero

Posted in Games, Legal, News by Darrin Olson on November 23rd, 2007

Romantics sues Activision for song likeness on Guitar Hero gameThe Romantics band filed a law suit against Activision, makers of the Guitar Hero game, on Tuesday in the U.S. District Court of Detroit ‘Rock City’ for a sound-alike recording of What I Like About You, originally recorded by the Romantics. The song in question was released in July as part of about 30 songs in total in the Guitar Hero Encore: Rocks the 80s game for the Sony Playstation. The Guitar Hero game involves players singing and trying to play a guitar along with the music in the game, and the Romantics are seeking an injunction that would take the game off of store shelves.

The issue that the band has with Activisions use of the song is not a copyright complaint as one might think. Activision did get permission in advance to record a cover version of the song What I Like About You, but the band is issuing the suit on the grounds that the song sounds just a little too much like the original band and infringes the band’s right to its own image and likeness.

According to USA Today other artists like Tom Waits and Bette Midler have won similar law suits when their sound-alike recordings were used in commercials. However according to Jessica Litman, a University of Michigan law professor, this instance is slightly different since the songs do not imply that the band is endorsing a product like the previous cases involving TV commercials.

There has been no exact monetary figure announced that the Romantics and their lawyer are looking for, and it sounds like they are in support of the Guitar Hero game and its song provided the band gets the appropriate compensation for the sound-alike music.

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