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

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prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
ZippyDSMleeFun? I can do fun…. I think LOL. Dungeons 2 is on preorder but not via steam... >> Hell I am breaking all kinds of personal butthurt rules to even THINK about pre order...02/27/2015 - 8:12pm
E. Zachary KnightHad some fun discussions about that dumb dress on Facebook. I opened the original picture in GIMP and sampled the colors and determined them to be Blue and Gold. People still say I am wrong.02/27/2015 - 7:41pm
ConsterTime for something completely different: #teamwhiteandgoldllama!02/27/2015 - 7:27pm
ZippyDSMleeAndrew Eisen: I'll try. ^^02/27/2015 - 5:40pm
ZippyDSMlee james_fudge: That’s what I been doing damnit!! *bites your leg*. LOL All but a couple posts have been written in word 2010. This has had my full attention so I’ve been able to keep some consistency up today which is nice a shame it’s still gibberish ><02/27/2015 - 5:38pm
Andrew EisenLike I said, if you want to have a discussion or get a question answered, I'm more than happy to oblige. All I ask in return is you have enough respect for everyone else to take the time to compose a readable post.02/27/2015 - 5:35pm
ZippyDSMleeI suppose it would be poor of me to say this but thank you for taking the time to reply to my questions, it does help me every now and then to discuss things and update or refine my opinion on stuff.. I do miss the forums here….02/27/2015 - 5:31pm
james_fudgeYou could run it through Word :) It's not that hard.02/27/2015 - 5:30pm
ZippyDSMleeSomething’s I can be clearer on more simple constructs making me better understood. Stack my weaknesses with complex constructs and my bad sense of humor and ya it’s a mess.. Consistent clarity is a pain in the butt for me.02/27/2015 - 5:22pm
ZippyDSMleeHave I ever held a covnersion this long that dose not have issues?02/27/2015 - 5:18pm
ZippyDSMleeBetween being learning disabled and having “quirks” from 5th grade I communicate in streaming conscious, I derive information from written words out of order giving me issues revolving around context.02/27/2015 - 5:17pm
 

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