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.
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Posted 02/09/10 at 11:44am
Valdearg: Because, lets be honest. You attribute most of the Catholic Offenses towards homosexuals to people misunderstanding the church's
Valdearg: Because, lets be honest. You attribute most of the Catholic Offenses towards homosexuals to people misunderstanding the church's
Posted 02/09/10 at 11:43am
Valdearg: And I mean also making sure that their followers understand that its OK to be gay, and that they all deserve the same rights as everyone else. Until that happens, they will always be on the wrong side of the issue and will always be an enemy.
Valdearg: And I mean also making sure that their followers understand that its OK to be gay, and that they all deserve the same rights as everyone else. Until that happens, they will always be on the wrong side of the issue and will always be an enemy.
Posted 02/09/10 at 11:40am
Valdearg: Here's the thing, though. Until the Catholic Church expresses clear and unambiguous support for absolutely EVERY form of Gay Equality, including Marriage Equality, Employment Non-Discrimination, and military service, they are not for equality.
Valdearg: Here's the thing, though. Until the Catholic Church expresses clear and unambiguous support for absolutely EVERY form of Gay Equality, including Marriage Equality, Employment Non-Discrimination, and military service, they are not for equality.
Posted 02/09/10 at 11:38am
gellymatos: ...position in this issue. No major side really likes us.
gellymatos: ...position in this issue. No major side really likes us.
Posted 02/09/10 at 11:37am
gellymatos: Never said we were on your side. We just aren't for hate or persecution against gays either. We aren't really in the best...
gellymatos: Never said we were on your side. We just aren't for hate or persecution against gays either. We aren't really in the best...
Posted 02/09/10 at 11:37am
Valdearg: Now, if the Pope came out and said: "Hey, guys.. Cut it out, and let the gays marry" I'll first have to check to make sure I'm not dead, but after that, I might reassess the situation.
Valdearg: Now, if the Pope came out and said: "Hey, guys.. Cut it out, and let the gays marry" I'll first have to check to make sure I'm not dead, but after that, I might reassess the situation.
Posted 02/09/10 at 11:35am
Valdearg: I mean, I can appreciate the fact that the majority of you guys don't want all gays to die, but don't try to convince me you are on our side. The Catholic church is squarely on the side of Marriage Discrimination, not Equality.
Valdearg: I mean, I can appreciate the fact that the majority of you guys don't want all gays to die, but don't try to convince me you are on our side. The Catholic church is squarely on the side of Marriage Discrimination, not Equality.
Posted 02/09/10 at 11:34am
Valdearg: Caps were meant for emphasis. I'm not actually yelling at you. I'm just laughing because you just tried to tell me that the Catholic Church believes in Homosexual Equality.
Valdearg: Caps were meant for emphasis. I'm not actually yelling at you. I'm just laughing because you just tried to tell me that the Catholic Church believes in Homosexual Equality.
Posted 02/09/10 at 11:33am
Valdearg: @Gelly: YOU DON'T BELIEVE IN MARRIAGE EQUALITY. Lol...
Valdearg: @Gelly: YOU DON'T BELIEVE IN MARRIAGE EQUALITY. Lol...
Posted 02/09/10 at 11:31am
gellymatos: Wrong. Let's test you then. What exactly are our beliefs?
gellymatos: Wrong. Let's test you then. What exactly are our beliefs?
Posted 02/09/10 at 11:30am
Valdearg: Unfortunately, the Catholic Church doesn't fall under that. Their beliefs are the exact opposite of equality for Homosexuals.
Valdearg: Unfortunately, the Catholic Church doesn't fall under that. Their beliefs are the exact opposite of equality for Homosexuals.
Posted 02/09/10 at 11:28am
Valdearg: @Gelly: I'm well aware of that. Which is why I said the "Religious Right." I acknowledge and appreciate the few Christian churches that believe in the Gay Right's movement, as long as it's the WHOLE thing, even up to marriage equality.
Valdearg: @Gelly: I'm well aware of that. Which is why I said the "Religious Right." I acknowledge and appreciate the few Christian churches that believe in the Gay Right's movement, as long as it's the WHOLE thing, even up to marriage equality.
Posted 02/09/10 at 11:28am
gellymatos: You act as though all of us religious people are in the same, large group.
gellymatos: You act as though all of us religious people are in the same, large group.
Posted 02/09/10 at 11:27am
Valdearg: The absolute LAST thing the Religious Right wants is to have the Government acknowledge that the gay lifestyle is just as equal and acceptable as the straight lifestyle. It goes against EVERYTHING they believe.
Valdearg: The absolute LAST thing the Religious Right wants is to have the Government acknowledge that the gay lifestyle is just as equal and acceptable as the straight lifestyle. It goes against EVERYTHING they believe.
Posted 02/09/10 at 11:27am
gellymatos: Then look at another picture then. Not all religious groups have the same beliefs on gay rights.
gellymatos: Then look at another picture then. Not all religious groups have the same beliefs on gay rights.
Posted 02/09/10 at 11:25am
Valdearg: Therefore, they will try to find any and all ways to slow the inevitable march of equality. Even admirable laws that protect gays from employer discrimination and violent hate fueled attacks are seen as affronts to their beliefs.
Valdearg: Therefore, they will try to find any and all ways to slow the inevitable march of equality. Even admirable laws that protect gays from employer discrimination and violent hate fueled attacks are seen as affronts to their beliefs.
Posted 02/09/10 at 11:24am
Valdearg: Again, you have to look at the bigger picture. Every political victory that the Gay rights movement scores marches them one step closer to being considered "equal" to everyone else. The religious right doesn't want that. It threatens their beliefs.
Valdearg: Again, you have to look at the bigger picture. Every political victory that the Gay rights movement scores marches them one step closer to being considered "equal" to everyone else. The religious right doesn't want that. It threatens their beliefs.
Posted 02/09/10 at 11:23am
gellymatos: ...paranoid, as lawyers, that the language of the law may do so. But like I said, paranoid.
gellymatos: ...paranoid, as lawyers, that the language of the law may do so. But like I said, paranoid.
Posted 02/09/10 at 11:22am
Valdearg: They see this as the Government encouraging the "sinful sexual behavior." They don't want gays to score ANY political victory, even one that protects them from violent homophobic psychopaths.
Valdearg: They see this as the Government encouraging the "sinful sexual behavior." They don't want gays to score ANY political victory, even one that protects them from violent homophobic psychopaths.
Posted 02/09/10 at 11:22am
gellymatos: Oh, hell yes. And nothing annoys me more than that fact. They stray and make real catholics look bad. And yes, they could be...
gellymatos: Oh, hell yes. And nothing annoys me more than that fact. They stray and make real catholics look bad. And yes, they could be...
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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.
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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.
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