Music news, reviews, interviews and notes

  HOME ARCHIVES INTERVIEWS REVIEWS WATCH THIS SPACE CONTACT  

Friday, November 23, 2007

Romantics Sue Guitar Hero 

The Romantics may just be sentimental or maybe in need of some cash? The one hit wonders are back in the limelight after filing suit against one of the most popular video games on the market. Activision uses the Romantics' "What I Like About You" in their wildly successful game Guitar Hero. The game makers say they got permission to use the song. However, according to reports, it is not any copyright issue that has the Romantics up in arms.

The band seem to be claiming that the replication of the song sounds so much like their original version that the game is infringing upon their "name and likeness." In other words, they claim that even if Activision had permission to use their song, they can't use it in a manner that may create an impression that it is actually the Romantics performing the version in question. A law professor tells USA Today the case is a loser. But, because the band also asked a federal court to halt sales of the game in a shrewdly timed holiday lawsuit the game maker may decide to pay some more money to the band just to make sure the game is on shelves for the Christmas shopping season.

The game, unlike any recent Romantics tunes, has topped U.S. sales charts with prior versions. Well that's one thing they don't have in common.

Comments:
This is about "likeness". Here's an example:

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. Sometimes the rights for "likeness" may be granted, but that's apparently NOT what happened here.

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 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.

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.

Anyone who cannot understand this situation has been spending way too much time in front of a video screen playing crappy video games. I would suggest getting something called a "life".

Joey McDonald
"Romantics Fan"
 
Post a Comment

Earvolution Powered by Blogger

eXTReMe Tracker
eXTReMe Tracker
   
     
 

EARVOLUTION © 2004-2007 All Rights Reserved