Maroon 5's Levine Sues Over Band Hero Avatar

August 5, 2011 -

Activision's Band Hero is the focus of a new lawsuit filed by Maroon 5 front man and coach on NBC's hit reality series "The Voice" Adam Levine.

Levine filed the lawsuit in Los Angeles Superior Court on Thursday, claiming that the game exploits his name and likeness beyond what he had agreed to when he signed his deal with Activision. According to the suit Levine inked a deal to allow Activision to use the Maroon 5 song "She Will Be Loved" for the game, and performed the song for motion-capture so his avatar could be created.

Band Hero allows that Levine avatar to sing along to 60 other songs by other musicians, which "would not have been chosen by him for recordings or performances." The feature also lets users make Levine's avatar sing the songs in voices other than his own, "including female voices."

The suit alleges that Activision sought permission from other artists for the expanded useand  paid other artists a higher fee than he received to participate in the game. Levine is suing for fraudulent inducement, breach of contract, violation of the common-law right of publicity, and unfair business acts or practices. He is seeking unspecified damages.

You may recall that Courtney Love, the widow of Kurt Cobain, railed against Activision because Guitar Hero 5 allowed the Cobain avatar to sings songs other than his own.

Source: Gamasutra by way E. Zachary Knight

 


Comments

Re: Maroon 5's Levine Sues Over Band Hero Avatar

No Doubt sued Activision for the same thing.  Although, they were a bit more timely with their suit.

 

Andrew Eisen

Re: Maroon 5's Levine Sues Over Band Hero Avatar

Sorry, didn't Band Hero come out something like a hundred years ago? Surely there should be a time limit on this sort of thing.

/b

Re: Maroon 5's Levine Sues Over Band Hero Avatar

What a wuss. He sold his likeness to be used in the game, if Activision wants to allow players to stick him in a dress and sing "girls just wanna have fun" they should be able to do whatever they want. He gave them a picture of himself, he has no control over what that fan does with it once they take it home, even if it's unpleasant.

-Austin from Oregon

Feel free to check out my blog.

Re: Maroon 5's Levine Sues Over Band Hero Avatar

That is easy for you to say. As a famous musician his very image has value. He allowed his likeness to be used in Guitar Hero in exchange for a fee, the way his likeness could be used was spelled out in his contract. If his contract was violated by the way his likeness was used not only can he sue but he SHOULD sue. They are trading on his and other artist's fame. There is value in that. There may be more value in allowing the use of the avatar with other songs. If so they need to pay for that and stipulate those uses in the contract, not contract for one thing and then turn around and do another, hoping the artist just won't notice or care. That is BS. Here in America you need to pay to play, you want to increase your product's value by trading on someone else's value? Then pay the man.

"He gave them a picture of himself, he has no control over what that fan does with it once they take it home, even if it's unpleasant."

He has total control. His deal was not with the fans of guitar hero, it was with the developer of Guitar Hero. If they went further than what was stipulated in his contract they need to pay.

Re: Maroon 5's Levine Sues Over Band Hero Avatar

Here here!

 
Forgot your password?
Username :
Password :

Poll

How do you usually divide up your Humble Bundle payments?:

Shout box

You're not permitted to post shouts.
Matthew Wilsonthe lose of nn would not be good for us, but it will not be good for verizion/comcast/att in the long run ether.04/24/2014 - 2:16pm
Matthew Wilsonsadly yes. it would take another sopa day to achieve it.04/24/2014 - 2:13pm
NeenekoI am also confused. Are you saying NN would only become law if Google/Netflix pushed the issue (against their own interests)?04/24/2014 - 2:10pm
E. Zachary KnightMatthew, you are saying a lot of things but I am still unclear on your point. Are you saying that the loss of Net Neutrality will be good in the long run?04/24/2014 - 2:06pm
Matthew WilsonOfcourse it does I never said it did not.though over time the death of NN will make backbone providers like Google, level3 and others stronger becouse most isps including the big ones can not provid internet without them. they can peer with smaller isps04/24/2014 - 1:54pm
E. Zachary KnightMatthew, and that still plays in Google's favor over their smaller rivals who don't have the muscle to stand up to ISPs.04/24/2014 - 1:45pm
Matthew Wilsongoogle wont pay becouse they control a large part of the backbone that all isps depend on. if verizon blocks their data, google does the same. the effect is Verizon loses access to 40% of the internet, and can not serve some areas at all.04/24/2014 - 1:14pm
Neenekolack of NN is in google and netflix interest. It is another tool for squeezing out smaller companies since they can afford to 'play'04/24/2014 - 12:57pm
Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
RedMageI'm still disappointed the 360 never broke into Japan either. It had a bevy of great RPGs in the late 2000s.04/23/2014 - 9:48am
 

Be Heard - Contact Your Politician