Zenimax is Being Sued Over the Use of "The Wanderer" in Fallout 4 Ads

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Zenimax is Being Sued Over the Use of "The Wanderer" in Fallout 4 Ads

fallout-4-320

Zenimax is now being sued by Dion, who says the use of his song "The Wanderer" in Fallout 4 ads was objectionable.

If you watched any television or internet videos in the months leading up to the launch of Fallout 4, you probably saw the ads for the game featuring the song "The Wanderer. First released in 1961 by Dion DiMucci, the song appeared in a number of trailers for the game.

According to a report on The Wrap, Dion has filed a suit saying that he never signed off on the use of the song in those ads. While DiMucci did enter an agreement through UMG Recordings to license the song for the commercials, the suit claims that he also had the right to separately negotiate a better deal with Zenimax himself.

The suit alleges that Zenimax failed to separately bargain, and did not obtain his advance consent before airing the commercials. This is the crux of the claim, as DiMucci says that the ads were "objectionable" due to their violent nature. The suit reads,

"Defendant's Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. 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."

DiMucci's suit says that had Zenimax sought his consent, he could have either convinced them to change the scripts of the ads, or negotiated a higher fee to "safeguard himself against the potential loss of goodwill."

The suit is seeking general damages in excess of $1 million.

We have reached out to Zenimax for a comment on the suit, but as of publication, we have not received a response. If we do receive a response, we will update this post with it.

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Live by the terrible lawsuit, die by the terrible lawsuit. Wait... $1 million-ish? Just settle.

Sweet irony.

"The Wanderer" being used to promote rampant violence? Can you imagine?

Can't they just allow it to remain a song about bragging about rampant sexual infidelity, as its creator intended?

FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

And it took this long to file the claim........why?

I hope they get sued into Oblivion.

Why did it take so long to file this suit? It should have been filed as soon as the ads came out without his approval. This seems a bit sketchy to me. Additionally the idea that he approved the song to be on ads about a violent videogame as long as the ads were misleading and didn't showcase the violence is fucking weird and also sketchy.

Still if Zenimax broke the terms of their contract then that's on them.

I would have sued for more than a million...

this reeks of someone wanting to fund their next holiday

Anti-American Eagle:
I would have sued for more than a million...

I think it's because they did licence the song via the recording studio which is often just a standardized contract. So it's on shaky ground to start, and if the lawsuit is successful UMG is going to end up paying out in the end if this, as they would have committed contract fraud, and it's best not to bite the hand that feeds.

Callate:
"The Wanderer" being used to promote rampant violence? Can you imagine?

Can't they just allow it to remain a song about bragging about rampant sexual infidelity, as its creator intended?

Where pretty girls are, well you know that I'm around

My god, I never even noticed that!

Callate:
"The Wanderer" being used to promote rampant violence? Can you imagine?

Can't they just allow it to remain a song about bragging about rampant sexual infidelity, as its creator intended?

Even better:

'DiMucci's suit says that had Zenimax sought his consent, he could have either convinced them to change the scripts of the ads, or negotiated a higher fee to "safeguard himself against the potential loss of goodwill."'

To me, this says: 'I find these ads morally objectionable, but my morality can be bought.'

MEH.
'Walking dead seeks money from game because he's a washed out nobody'.

ffronw:

The suit alleges that Zenimax failed to separately bargain, and did not obtain his advance consent before airing the commercials. This is the crux of the claim, as DiMucci says that the ads were "objectionable" due to their violent nature. The suit reads,

"Defendant's Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. 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."

DiMucci's suit says that had Zenimax sought his consent, he could have either convinced them to change the scripts of the ads, or negotiated a higher fee to "safeguard himself against the potential loss of goodwill."

The suit is seeking general damages in excess of $1 million.

Faking outrage to extort money.
NEVER HEARD OF THAT BEFORE.

He should have done his research before licensing the song tbh.

Nobody to blame here but himself (or his lawyer).

Chessrook44:
And it took this long to file the claim........why?

The songs creator has been aimlessly walking around... there's a word for that I think.

I bet they told him this was an actual fully-fledged RPG.

I'm pretty sure that he doesn't have much of a case. UMG holds the rights to the song, and Bethesda licensed the song from them lawfully. Just because he had the right to independently license the song as long as he gave UMG a cut, doesn't mean that Bethesda or UMG had any obligation to him.

Major_Tom:
I hope they get sued into Oblivion.

hehehehehh i enjoyed that

Pyrian:
Live by the terrible lawsuit, die by the terrible lawsuit. Wait... $1 million-ish? Just settle.

Settling is what this guy is looking for, he knows perfectly well this lawsuit has no grounds whatsoever which is why he suing for what is a drop in the bucket for Zenimax. Baseless lawsuits like this exist not because they actually expect to win but because people are trying to get the other side to settle so they can get some money off of it. It's just making a big fuss so whoever will give you money just to shut you up because actually fighting the lawsuit isn't worth the time and money spent on it. Dimuuci is just looking for a bigger piece of the pie because Fallout 4 is so freaking successful, and nothing more.

There should be a way to get these kinds of suits summarily dismissed, perhaps even with the claimant having to pay damages and a fine to the accused and the court.

Literally, the Zenimax lawyer should just be able to walk into the courtroom and say;

"Due to the timing, nature and and conduct with which this suit has been filed I request it be summarily dismissed and the claimant barred from future suits involving this matter. The claimant clearly had no real interest or objective to the way in which the content mentioned in the suit was used and is clearly settlement-seeking and filing frivolously in hopes of annoying the defense into paying them."

And have that be the end of it, unless the claimant can prove beyond the shadow of a doubt their case has merit.

Can't they just be sued for making a terrible game?

You know a suit is bull when he's only asking for a million.

Unless he's the kind of guy who actually believes in his suit with all the morally indefensible shit. I can imagine some old dude living in the country scandalized that his work is being used in a "video-games", so he decided to fight the man and take a grand total of 1 million dollars from them.

Charli:
FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

Wait, what? What job do you do that you have to sit around watching Fallout 4 adverts all day?

Chewster:

Charli:
FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

Wait, what? What job do you do that you have to sit around watching Fallout 4 adverts all day?

Managing a Game store, a loud, game store, with a cycle of about 6 adverts, for 9 hours a day. E3 is a blessing and a curse because now a new wave of annoyance has begun. And no I am not allowed to turn it off/down.

He's going to have to prove that he objected to it two years ago. He'd also have to prove he had no idea what Fallout even was, and was somehow unable to take the time to find out. How hard is it to prove that he objected to it but couldn't be bothered to look it up in 2015? Unless he's been objecting to it since the beginning, I find it very difficult for this to go much of anywhere.

This lawsuit is BS and should be dismissed.

In the trailer I watched the sole survivor kills a radroach and a supermutant. So lets go over this... "repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible."

Repeated homicides, check I guess? There was a second one I suppose. Hope this guy has never hired an exterminator if the radroach was "murder."

Dark dystopian landscape, check. Sure, what's wrong with that?

Violence glorified as sport, check. Much the same as it is right now so again, what's the problem?

Violence were not to protect innocent life, but instead were repugnant and morally indefensible... I gotta go with check, after all who is innocent really?

So yeah, all that is technically true in some fashion. It's absolutely no basis for a valid lawsuit, but in the very loosest interpretation its kind of true. Well there is some twisted truth to it? No, this is just someone who doesn't know what he's talking about who has mistaken some youtube amv for actual promotional material.

truckspond:

Callate:
"The Wanderer" being used to promote rampant violence? Can you imagine?

Can't they just allow it to remain a song about bragging about rampant sexual infidelity, as its creator intended?

Where pretty girls are, well you know that I'm around

My god, I never even noticed that!

Oh, well, there's Flo on my left and there's Mary on my right
And Janie is the girl, well, that I'll be with tonight
And when she asks me, which one I love the best?
I tear open my shirt and I show "Rosie" on my chest

Possibly even more pertinent verse.

Charli:

Chewster:

Charli:
FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

Wait, what? What job do you do that you have to sit around watching Fallout 4 adverts all day?

Managing a Game store, a loud, game store, with a cycle of about 6 adverts, for 9 hours a day. E3 is a blessing and a curse because now a new wave of annoyance has begun. And no I am not allowed to turn it off/down.

That's funny. I assume that head office chooses the ads for you. Do you know the process in picking them?

In high school I worked a year at a corner store and we had a local rock station piping though the speakers. It was picked by our regional manager, who looked and dressed like William Foster from Falling Down, right down to the haircut and all. I like the White Stripes and the Ataris but man was I sick of Seven Nation Army and that Boys of Summer cover by the time university rolled around.

Looks like a BS lawsuit ... couldn't have happened to a better company.

Yeah, it looks like a baseless lawsuit. It will probably be settled out of court.

On the other hand, this is Zenimax we are talking about. Karma makes me wish there were hundreds of these pointless lawsuits and their legal team dies the death by a thousands cuts.

Charli:
FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

Sounds like hell.

I guess if Zenimax is going to live by the sword, it might as well live with getting stabbed a few times.

Charli:
FUcking yes. Do you know how many times a day and how many days I have had to sit through that FUCCCCKKKING advert (its my job). I hope both it (the song) and Zenimax die in a fire for that atrocity of an advert.

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