Nintendo Sued Over Use of Music from 1993 Film
Nintendo Sued Over Use of Music from 1993 Film
June 24, 2008
A Los Angeles film production company sued Nintendo on June 12th, alleging that the console manufacturer used a tune from the movie True Romance in a commercial for the GameCube.
The suit, filed by Morgan Creek Productions in U.S. District Court for the Central District of California, was voluntarily dismissed by the plaintiff on June 18th.
The 1993 film was directed by Tony Scott and written by Quentin Tarantino.
The song in question is You're So Cool, composed by Oscar-winning composer Hans Zimmer. The suit claims:
Sometime within the past three years, [Nintendo] used the sound recording of "You're So Cool" without authorization in a television advertisement for the Nintendo "GameCube."
Plaintiff is informed and believes and thereon alleges that [Nintendo] also used the sound recording at issue herein in other forum in order to generate sales for their product.
It is unknown why the suit was dismissed less than a week after being filed. GamePolitics is seeking comment from the plaintiff's attorney as well as Nintendo.
The complaint does not make reference to a specific use of the song by Nintendo. However, this 2004 post from the Toon Zone forums makes reference to You're So Cool being used in an ad for Paper Mario: The Thousand Year Door.
UPDATE: Also, courtesy of comments left by GP readers Orange Soda and Anonymous, we've added the video of the commercial which apparently sparked the copyright claim.
Read the lawsuit here.
A PUBLICATION OF THE ECA
SUBSCRIBE
LOGINGamePolitics ShoutBox
Posted 11/07/09 at 10:58am
JDKJ: Which could be explained by both (a) and (b).
JDKJ: Which could be explained by both (a) and (b).
Posted 11/07/09 at 10:56am
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Posted 11/07/09 at 10:51am
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
Posted 11/07/09 at 10:48am
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
Posted 11/07/09 at 10:11am
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
Posted 11/07/09 at 10:07am
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
Posted 11/07/09 at 10:05am
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
Posted 11/07/09 at 10:03am
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
Posted 11/07/09 at 09:56am
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
Posted 11/07/09 at 09:45am
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
Posted 11/07/09 at 09:37am
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
Posted 11/07/09 at 09:36am
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Posted 11/07/09 at 09:32am
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
Posted 11/07/09 at 09:30am
Austin_Lewis: There are other firearms that fire the 5.7. However, I too would like to know where he got the ammo and what kind was used. Maybe Hasan, planning not to live through this, went out and bought one the boxes of SS190 that are floating around in
Austin_Lewis: There are other firearms that fire the 5.7. However, I too would like to know where he got the ammo and what kind was used. Maybe Hasan, planning not to live through this, went out and bought one the boxes of SS190 that are floating around in
Posted 11/07/09 at 08:44am
JDKJ: And it isn't yet clear what type of ammunition Hasan used. It's strange that he purchased a gun but didn't purchase ammunition for it at the same place and time. Especially because the calibre required is peculiar to the actual gun.
JDKJ: And it isn't yet clear what type of ammunition Hasan used. It's strange that he purchased a gun but didn't purchase ammunition for it at the same place and time. Especially because the calibre required is peculiar to the actual gun.
Posted 11/07/09 at 08:40am
JDKJ: We can sit here all day and debate the relative merits. However, I think the events of recent days suggest that an FN Five-Seven ain't exactly the same as that Daisy BB gun you got for Christmas when you were a kid.
JDKJ: We can sit here all day and debate the relative merits. However, I think the events of recent days suggest that an FN Five-Seven ain't exactly the same as that Daisy BB gun you got for Christmas when you were a kid.
Posted 11/07/09 at 08:38am
Austin_Lewis: JDKJ: tumbling can be quite dangerous. However, the rounds that commonly tumbled were variants of the SS90. Civilian ammo tends to tumble far less commonly.
Austin_Lewis: JDKJ: tumbling can be quite dangerous. However, the rounds that commonly tumbled were variants of the SS90. Civilian ammo tends to tumble far less commonly.
Posted 11/07/09 at 08:33am
JDKJ: I understand that while they don't have much expansion effect, they tend to "yaw" on impact. Yaw can be almost just as damaging as mushrooming.
JDKJ: I understand that while they don't have much expansion effect, they tend to "yaw" on impact. Yaw can be almost just as damaging as mushrooming.
Posted 11/07/09 at 08:30am
Austin_Lewis: JDKJ: Except when one considers the lack of expansion for the 5.7, it basically ends up leaving a far smaller hole.
Austin_Lewis: JDKJ: Except when one considers the lack of expansion for the 5.7, it basically ends up leaving a far smaller hole.
Posted 11/07/09 at 08:29am
JDKJ: But if the latter's travelling at close to twice the speed of the former, there's a compensatory effect on the weight difference.
JDKJ: But if the latter's travelling at close to twice the speed of the former, there's a compensatory effect on the weight difference.
Copyright © 2007 ECA. All rights reserved.
Game Politics and Game Politics logo are trademarks of the ECA.
Game Politics and Game Politics logo are trademarks of the ECA.
Comments
"Sometime within the past three years" perhaps it could be the MASSIVELY VAGUE allegation. Do they not know which commercial, or which game? Why was the suit not brought forward when the infringment originally took place? Did they just hear from a friend of a friend of a friend, that they think they know someone that might have used music that they might hold the rights to?
Or... it could just be that it didn't occur within the time frame that they alledged. "The other day... I mean the other week... month.... sometime within the past three years.... 4... i guess closing in on 5 years ago..."
True Romance is one of my all-time favorite films. Christian Slater is actually likable in this one, the music is well-done, there's an awesome ensemble cast, and so many great scenes. I especially like the scene between Dennis Hopper and Christopher Walken, and the monologue that James Gandolfini delivers about being a hitman is probably my top movie quote of all time. Can't say I've ever seen a GC commercial that reminded me of the movie though.
Silly mistake by Nintendo, which will probably be settled out of court.
Did you not read the article? The plaintiffs dismissed the suit like a week later.
I didn't read it properly, no. However I wouldn't be surprised if there was some dealings made in the background, or at least an apology.
http://video.google.com/videoplay?docid=985448614448562172
You can watch the ad in question here.
I'm wondering if this is a statute of limitations issue... I'm hearing that it may be three years for copyright violations.
Paper Mario was released October 11, 2004...
thanks for information... Small video. free pc games
Mmm perhaps the claim they filed was not specific enough for the courts.
Still its fcked up Nin should get huge fines for CP violations its sht like this that makes me hate corporate mentalities, sue the lil guy into the ground but if another business dose it make it go away somehow...... corporate CP/IP violations should be held to a infinitly higher standard than consumer CP/IP violations unless it falls under trade secrets then you are SOL.
I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)
OMG, I fucking knew it was the True Romance song. When that commercial came on my girlfriend and I would always point out how this was the True Romance song. Shame Nintendo, shame.
Its totally possible that Nintendo did have the rights to the song for its commerical and Film company didn't realize it. Let me tell you from first hand knowledge trying to secure music rights is one big pain in the ass. Half the time you think you should be talking the creator when in fact someone else owns the rights to the song. It is really one big mess.
A little more background on the song; it was originally a piece called Musica Poetica composed by Carl Orf for the film Badlands. Badlands shares some themes with True Romance which is likely why Tony Scott had Hans Zimmer rework it in to You're So Cool. The music in the trailer seems to be the True Romance version.
Would it have really been that difficult for Nintendo to create their own similar piece of music to use in the commercial? It seems like a no-brainer to me.
This post makes no sense to me
sohbet - sohbet siteleri - özlü sözler - sevgi sözleri - madencilik - sikiş