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 11/20/09 at 05:42pm
ZippyDSMlee: oh may the cute stab out your eyes, http://www.youtube.com/user/simonscat
ZippyDSMlee: oh may the cute stab out your eyes, http://www.youtube.com/user/simonscat
Posted 11/20/09 at 05:17pm
JDKJ: O.K. Suit yourself. But when you're wearing Ray-Bans, sitting on a curb with a white cane and a cup of pencils, and doing Stevie Wonder impersonations, don't say I didn't warn you.
JDKJ: O.K. Suit yourself. But when you're wearing Ray-Bans, sitting on a curb with a white cane and a cup of pencils, and doing Stevie Wonder impersonations, don't say I didn't warn you.
Posted 11/20/09 at 05:10pm
ZippyDSMlee: JD:No thank you I don;t want your cooties...or STDs...
ZippyDSMlee: JD:No thank you I don;t want your cooties...or STDs...
Posted 11/20/09 at 05:01pm
JDKJ: Me. I'm rehearsing the role just in case I do get dubbed Zippy The Soecnda.
JDKJ: Me. I'm rehearsing the role just in case I do get dubbed Zippy The Soecnda.
Posted 11/20/09 at 04:59pm
DarkSaber: Wait, is that meant to be Zippy, me or you?
DarkSaber: Wait, is that meant to be Zippy, me or you?
Posted 11/20/09 at 04:49pm
JDKJ: I cud caer lez. =^^= *wakes up in mid-afternoon after staying up until 3:00AM soldering resistors on to circuit boards, stumbles around in formerly white but now grey underwear, while simultaneously scratching groin with vigor and making coffee*
JDKJ: I cud caer lez. =^^= *wakes up in mid-afternoon after staying up until 3:00AM soldering resistors on to circuit boards, stumbles around in formerly white but now grey underwear, while simultaneously scratching groin with vigor and making coffee*
Posted 11/20/09 at 04:46pm
DarkSaber: knell? Don't you mean Neil? Anymore of tht and I'll dub thee Zippy The Soecnda
DarkSaber: knell? Don't you mean Neil? Anymore of tht and I'll dub thee Zippy The Soecnda
Posted 11/20/09 at 04:44pm
JDKJ: Now, now, Saber. Don't be salty. You weren't the first one to knell and bob and you ain't gonna be the last one, either.
JDKJ: Now, now, Saber. Don't be salty. You weren't the first one to knell and bob and you ain't gonna be the last one, either.
Posted 11/20/09 at 04:42pm
DarkSaber: JD's feeling rather desperate it seems.
DarkSaber: JD's feeling rather desperate it seems.
Posted 11/20/09 at 04:33pm
JDKJ: C'mon, Zip. You already touch yourself way too much. Spread the love. Before you go blind.
JDKJ: C'mon, Zip. You already touch yourself way too much. Spread the love. Before you go blind.
Posted 11/20/09 at 04:27pm
ZippyDSMlee: JD:No and I ain't touching any part of you or your friends!! :P
ZippyDSMlee: JD:No and I ain't touching any part of you or your friends!! :P
Posted 11/20/09 at 04:25pm
JDKJ: @Zip: You know Lik Mitaint?
JDKJ: @Zip: You know Lik Mitaint?
Posted 11/20/09 at 04:18pm
ZippyDSMlee: neill and bob,oldest giveing head joke and most lamest...
ZippyDSMlee: neill and bob,oldest giveing head joke and most lamest...
Posted 11/20/09 at 04:18pm
JDKJ: But thanks for the memory. MIB's a classic. *sings* "Here come the Men in Black. Galaxy defenders. Here come the Men in Black. They won't let you remember."
JDKJ: But thanks for the memory. MIB's a classic. *sings* "Here come the Men in Black. Galaxy defenders. Here come the Men in Black. They won't let you remember."
Posted 11/20/09 at 04:18pm
ZippyDSMlee: JD:for the record I told you you can suck your own dck.
ZippyDSMlee: JD:for the record I told you you can suck your own dck.
Posted 11/20/09 at 04:07pm
JDKJ: Naw, man. That's Mueedeegiaap and Bob. And you can stop bobbing. I got Zippy bobbing now, too.
JDKJ: Naw, man. That's Mueedeegiaap and Bob. And you can stop bobbing. I got Zippy bobbing now, too.
Posted 11/20/09 at 03:56pm
DarkSaber: OH I get it now! It's Men In Black quote! The twins that run the comm centre in HQ.
DarkSaber: OH I get it now! It's Men In Black quote! The twins that run the comm centre in HQ.
Posted 11/20/09 at 03:49pm
JDKJ: I'd like to introduce you to them. First, Neil. Then, Bob.
JDKJ: I'd like to introduce you to them. First, Neil. Then, Bob.
Posted 11/20/09 at 03:47pm
ZippyDSMlee: JD:I know they are intimate friends of yours...
ZippyDSMlee: JD:I know they are intimate friends of yours...
Posted 11/20/09 at 03:44pm
JDKJ: @Zip: You know Neil and Bob?
JDKJ: @Zip: You know Neil and Bob?
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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
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