Bethesda being taken to court over song used in Fallout 4 commercial
By thomastelford-July 10, 2017

As a direct and proximate of Defendant’s actions, Plaintiff has been damaged. In addition to the loss of the fee which Plaintiff had the right to charge for the use of his performance in commercial advertisements, he lost his right to refuse consent. Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers. In The Wanderer, Dion gives life to the story of a sad young man who wanders from town to town, not having found himself or the capacity for an enduring relationship. The song describes isolation during coming of age. Without Plaintiff’s consent, Defendants dubbed The Wanderer into commercials in which the protagonist, a wanderer, roams from one location to the next, armed and hunting for victims to slaughter. Defendant’s Commercials have no redeeming value, they simply entice young people to buy a videogame by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying.DiMucci is seeking $1Million in damages along with covering his legal costs. This isn't the first time a game developer has had legal troubles with a client. Just a few months back, Diego Maradona threatened to bring Konami to court over the use of his image right without his permission. The case was eventually settled out-of-court. https://elitegamer.ie/diego-maradona-consider-taking-legal-action-konami/ https://elitegamer.ie/maradona-konami-settle-dispute-threat-legal-action/





