Cast your mind back to the year 2015, just before the launch of Fallout 4. The video that we've embedded above was one of the game's main advertisements, and we happen to think it's pretty cool - especially for a live action ad. However, almost two years later, singer and songwriter Dion is suing Bethesda parent company ZeniMax Media over the commercial's use of his music.
According to The Wrap, the 77-year-old musician reckons that his song, titled The Wanderer, shouldn't be used to help sell such a product. Basically, Dion's argument is that the ad features "repeated homicides in a dark, dystopian landscape, where violence is glorified as sport," and he doesn't want his work associated with that.
Ignoring the fact that he's a bit late to the party with this one, Dion supposedly seeks damages in excess of $1 million due to "potential loss of goodwill from being associated with the immoral images". Yikes.
The lawsuit also reads "the killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers." Words which have, rather unsurprisingly, annoyed fans of the open world role-playing release. ZeniMax, meanwhile, is yet to comment.
It's a shame really, because we thought The Wanderer was one of the best songs on Fallout 4's radio. Banger.
[source thewrap.com]
Comments 23
He does realise that it's a game, and that no actual humans, animals, or mutants were harmed, right?
Well, apparently not.
Yeah, I mean, nothing appeals to young consumers like morally indefensible images, after all. XD
But speaking seriously, did the copyright-holding label sell the rights without his control and/or awareness or something? Or did his acquaintance lawyer enlighten him on the lawsuit possibility only now? I can understand an author not wanting their work associated with something (although there's no control in hell over what audience associate with what anyway, so it's largely boxing with the wind) - but not the two-year delay in such a moral stand. All the way here when a good number of Fallout 4 players may have progressively vaguer - if any - memories of its trailers in general.
Games like Fallout and Bioshock introduced me to older music I probably wouldn't have discovered on my own. I haven't played Fallout 4 in ages but I had The Wanderer stuck in my head the other day at work.
Well since The Wanderer was about a guy who slept around with loads of women without any care, I hardly think Dion could afford to take the moral high ground.
Reminds me of Lindsey Lohan suing Rockstar because she assumes they based the bikini clad blonde chick used in promotional art on her likeness years after the game was released.
Once the game starts selling loads of copies, people start getting lawyers and the court systems involved.
@adf86 - Beat me to it. I'm like did he forget what the song was about?
Didn't they need his permission to use the song anyway?
Why didn't he just refuse from the get go?
Did he not agree to have his song used? Prove you were misled in some form otherwise this is already over.
This sheds a totally different light on the meaning of 'Runaround Sue'
@Boerewors I love that song. One of my all time faves.
Reading the linked article, it says he entered an agreement with his record label to license the song for Fallout4. But the agreement also had a clause saying ZeniMax must ask for Dion's consent to use it in any specific places....which they did not do. Dion is in the right here.
@adf86 Except having sex does not at all equate to homicides in the dark....one is love (or lust) the other is killing people and, quoting the article, "were not to protect innocent life."
@BraveFencerZan Exactly right. As video game fans we can fault Dion's reasoning, but if the clauses of the contract under which his song was licensed were violated he's within his rights to sue. ZeniMax will most likely settle the lawsuit anyway. They can certainly afford to take the hit. There's no need to rush to ZeniMax's defense here, they're a big company, they can look out for themselves and at any rate appear to be in the wrong here, though that's ultimately for the court to decide.
@viciousarcanum The contract was made through a third party but apparently had a clause that required ZeniMax to get his direct approval regarding how the song would be used, which they apparently never did. He objects to the use of the song in the particular ad it was used for, which he feels depicts objectionable content, implying that an ad could have crafted which would have been more to his liking had he been consulted or else they could have paid him more to compensate overriding his objections. At least, that's my takeaway.
Sounds like Dion can use the money, and saw an opportunity to get some.. right or wrong. But.. I cannot feel sorry for Zenimax. They sure have been dicks in the past. Hope Dion gets some cash.. at 77, he probably needs it.
Another moron, if this was a film ad there wouldn't be a peep. Just another disgusting excuse for a human being scraping away by begging for money via the courts.
@Bad-MuthaAdebisi ZeniMax thanks you for defending its honor. As a reward, here's a hat that reads, "Corporate Drone." Wear it well.
Seriously dude, "disgusting excuse for a human being"? He's an old guy who clearly doesn't like or understand video games, but so what? If ZeniMax didn't fully abide by the contract they signed to use his song, they deserve to be sued so that maybe they will next time. Some artists are content to let their songs be used anywhere and anyhow as long as the check clears, others want a little more control than that. Are you saying you don't think artists should have any say in how their songs are used if that's what they want?
"The killings and physical violence were not to protect innocent life"? Preston Garvey would be furious.
Dodgy claims.? Probably. Will he win? Yes, at the end if the day they might have broken contract. I wonder how much Facebook will use this in their marketing now if zenimax lose?
Top winner will be the lawyers they have the system rigged in their favor.
@Donald_M he's a moron and his lawyers are taking him for a ride, both are disgusting
Wasn`t the song in "The Expendables" ? - the film about teddybers and unicorns with no killing at all ?
@Bad-MuthaAdebisi Whatever you say, Edgey McEdgelord.
@Donald_M yes, I win! Regardless of if they broke the contract terms the reasons given such as defamation of character or whatever, clearly its just nonsense. Nobody sane attributes a trailer with an artists character or the true nature of the work, it's just a trailer with 'cool' music
Show Comments
Leave A Comment
Hold on there, you need to login to post a comment...