Artist Daz Dillinger Sends Cease-and-Desist Letter to GTA V Makers over Two Music Tracks

October 11, 2013 - GamePolitics Staff

Lawyers for rap artist Daz Dillinger, also known as "Dat Nigga Daz" and "Delmar Drew Arnaud," sent a cease and desist letter to Take-Two Interactive Software and Rockstar Games to block the use of his songs in Grand Theft Auto V. Speaking to TMZ, Dillinger said that he took action because it is all about "respecting an artist's work" and added that "Rockstar didn't do that here and I can't let them get away with it."

Dillinger is represented by Orange County law firm Kushner Carlson. The firm's letter on behalf of the artist to Take-Two Interactive Software and Rockstar Games revealed prior requests to use the two tracks from Dillinger - "C-Walk" and "Nothin' But the Cavi Hit." The firm notes in the letter that those requests were turned down because of an "offensively low offer of $4,271.00 for both songs."

Dillinger is seeking the recall and destruction of all unsold copies of the GTA V, or a better offer for the song rights. The law firm has set a deadline of 14 days.

We will have more on this story as it develops.

Source: GII


Comments

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

This sounds like the greedy schemes of someone who just found out a guy they went to school with just won the lottery.

GTA V made a ton of money and this guy is probably thinking he can get away with more money by forcing Rockstar to either do something ridiculous (a recall) or making a better offer for a lot more cash, because obviously, Rockstar doesn't mind parting with any of its billions.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Would be more like someone getting rich and you finding out they used your work to help do it after you already told them not to because you didn't agree with the money they offered for it.  

He had every right to say no to the amount Rockstar offered him...just because someone says I will pay you "X" amount of dollars doesn't mean he has to agree to it.  The issue is that after this disagreement, Rockstar may have gone and used it anyways without paying a dime.  

If this is honestly the case, by intent or accident regardless, he has the right to ask to be paid for his content that he created (being the two songs they used).  You may love Rockstar and think they do no wrong, but in this case they may well have and should pay him for the songs they could have simply just not used because an agreement was not met.  Whether they agree to an amount, or a judge has to, is not really the point now.  

So while you say Rockstar "doesn't mind parting with any of its billions" in a sarcastic tone...I'm sure the artist doesn't like to part ways with his work being used to help make those billions without seeing a dime and without permission.  It will come out one way or the other on the issue of what happened, but don't just go calling him "greedy" for protecting his work when Rockstar would go after someone else who used their work without permission or payment just as quickly. :)

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

This may be a dumb question, but who owns the rights to those songs?

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Au contraire. Not only is it not a dumb question, it is the very core as to whether the complaint has any weight to it.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Gotta wonder if anyone has actually found the songs in the game yet. Given the scope of the project, I would predict a song could make it onto a tracklist, without actually being in the game.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

I reckon there's too much rap in the game anyway. In terms of the music, GTA V is no GTA: Vice City, that's for sure. Now that game had an awesome soundtrack.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Vice City is the last GTA I truly enjoyed.  The music, the characters, the dialogue...  It was just sheer fun.  San Andreas made my ears bleed to listen to the characters talk, and GTA IV, well...  I'm a PC gamer primarily.  Fuck GTA IV.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Oh god those were the good ol' days... Crusin' along Miami Beach with all the neon everywhere listening to Flock of Seagulls and whatnot...

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

They wouldn't have to recall the unsold copies and destroy anything given modern tech. Someone doesn't know what patches are for, and given patches are mandatory on the console versions when you play, well.. easy fix. 

And since the PC version isn't out (and always has custom playlists anyways) its really moot.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

This would still contain the code on the disc though....simply delete the patch and play the game offline and the song would still be there.  They can change files on the drive but it doesn't magically erase it off the disc lol.  :)

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

It'd remove access from the game, and without illegally modding it wouldn't be possible to access it unless download/delete the patch repeatedly just to access the one or two tracks and still play online.

Never said it was full proof, but it is a more probable shot of happening if it does end up in court. And it would technically cover the base grounds.

Its also impossible to collect and destroy the existing sold copies, so its a pointless gesture to waste time collecting the unsold and destroying them. The patch would have to suffice regardless

For those with no internet, its truly negligible, and those with spotty connections would still likely get the patch. 
Also while removing it from future versions being sold (and obviously would happen) would help. Theres still no need to destroy the old ones.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Patch isn't mandatory if you don't go online.

But yeah, sure Mr. Rapper Guy, I'll return my copy of GTA5 when asked to... I don't mean to sound condescending to his plight if his creation was used without legal permission (we may see exactly what has happened over time), but way to go in asking for something that isn't going to happen. Great way to get attention though, if that's the ploy. But unfortunately I already forget his name because it's rap... in what world do I give a shit about rap? More power to you if you like it, but I only care about me.

I foresee him getting a wad of cash then returning to obscurity and we may never know the details of how things unfolded.

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Whether you like the song, genre, etc doesn't change the fact if Rockstar actually did this and used his creation without license.  And if (LOOOOOOOOOOOOOOOONG shot here...it's just an example) a judge ruled that they would in fact have to recall the games, it would be Rockstars responsibility to make sure it happens within reason of the ruling.  

They had to go thru some measures with the Hot Coffee incident where that version was relabeled as AO and was not to be traded in at stores or sold new anymore.  They didn't do a full "recall" then, so I honestly don't see it happening here either.  More than likely either proof of them paying for it another way (like a studio that had the rights, etc) or they will just pay the man.  They made over a billion on it already...I think they can afford to rectify their mistake if what he says it true.  

But no matter the size of the game, the makers of it, etc...if they did use the music without permission or payment, then they will have to work it out or face some issues.  If he is really trying to protect his creation as a creator, then he is not trying to get attention, he is doing what is necessary to protect his own rights.  

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

Yeah, patches are there so someone without an internet connection can still have access to the content. Patches do not remove the content from the game so Rockstar will have to look at other options.

If this artist is correct, then Rockstar will have to reclaim all unsold copies of the game and pay royalities to him for the copies that were sold.

-Mrxknown_JG-

Re: Artist Daz Dillinger Sends Cease-and-Desist Letter to ...

So.... they asked for the rights, were turned down, and put the media in anyway?

Given the size of the project, I would actually not be surprised if something like that fell through the cracks or was not correctly communicated between departments.

 
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