Activision won an early first round victory in its court battle a...
Activision won an early first round victory in its court battle against The Romantics as Michigan U.S. District Court Judge Nancy Edmunds denied the rock group’s request for a preliminary injunction to stop use of the song “What I…
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Like About You” in the publisher’s game Guitar Hero Encore Rocks the 80s. No reason was stated in the judge’s initial ruling. An explanation will appear in “an opinion to follow” at an unspecified time, she said. But Activision said “in making the ruling, Judge Edmunds indicated that to the extent there were any copyright issues, Activision did exactly what the company was supposed to do in developing the product.” The ruling ensures that “sales of the game will continue,” said Activision. The company is “pleased with the ruling and thinks that the case is without merit,” it said. “Respect for all artists is an important value of the company and Activision has a long history of supporting artists from a range of entertainment fields.” Videogames like those in the Guitar Hero series “represent a growing opportunity for the music industry to reach new audiences and a strong source of potential license revenue for both bands and music publishers,” it said. Nov. 20 The Romantics sued Activision and subsidiary RedOctane for using a “sound-alike imitation” of their hit “What I Like About You” in the game without the group’s permission (CED Dec 14 p6). Also named in the suit was game developer Harmonix Music Systems, later to develop Guitar Hero III: Legends of Rock rival Rock Band by Electronic Arts and MTV Games after MTV Games parent Viacom bought Harmonix. The developer had no role in creating Guitar Hero III. The Romantics also complained that some fans think the version of the song in the game is a “master” recording by the group, saying the defendants traded on the band’s identity and “distinctive sound” for “commercial purpose” without its permission. The Romantics wanted a permanent injunction on the defendants to stop them from selling and distributing the game as long as their song appeared in it, plus unspecified damages and legal expenses. Activision was sued recently by a disgruntled San Diego buyer of the Nintendo Wii version of Guitar Hero III. The consumer sought class action status in U.S. District Court, Los Angeles, claiming the publisher falsely advertised the game included Dolby Pro Logic II surround when all it offered was mono.