You can play my song… Just not my sound.

The Legal Facts:

Plaintiff: The Romantics

Defendant: Activision Inc

Allegation: Activision is the creator of the best selling series of guitar hero games. The Romantics song “ What I Like About You”. Is used along with about 30 other songs in the series 80’s music installment. Activision to the necessary precautions needed to secure the rights of the music and used a cover of the band as to not involve the original artists. The Romantics are not seeking any claim to copyright infringement but are suing Activision for loss of their own right to their likeness. The Romantics seek unspecified damages and an injunction, which would stop the further sale of the game.

Judgement: A Detroit Federal Judge ruled against the Romantics and for Activision Inc.

Reasoning: Activision had acted in good faith by securing the rights to record a cover version of the contested song.

Blogger’s Bit: Ok. I see no good outcome of this lawsuit for the Romantics. First of all the Romantics did not have to many hits to begin with and in pretty sure “ What I Like About You” , is the biggest they had. Guitar Hero is one of the more recently successful franchises of games out there today. It opens up the world of music to a new generation and allows children and adults of all ages to enjoy music while competing. In the game itself eyery song is giving attribution to the writers and the original artists. Do the Romantics not realize how much money they are probably making from the usage of their song in the game? They may not be making money from Activision Inc. itself but how many people have downloaded that song after hearing it for the first time on the game? How many younger audiences ( born after the 80’s) have bought their music after finally being introduced to it. I understand The Romantics feel that they lost their likeness but maybe they should look at the big picture. Besides making themselves look money hungry and as though they have nothing else better to do with their lives than litigation over their only real hit, it makes them look bad. Romantics take the free publicity from the game for what its worth. You don’t have to sue to get your name out there, let the game do its job.

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http://www.flickr.com/photos/robert-corr/3208743123/in/photostream/