No Doubt Wins a Few Skirmishes in War with ATVI

April 16, 2010 -

The latest round in the battle between Activision and the band No Doubt, which centers on the depiction of the group in Band Hero, has gone to the Gwen Stefani-fronted quartet.

No Doubt originally sued the publisher for turning them into a “virtual karaoke circus act,” because of the game’s ability to use the likenesses of rockers while performing the music of other groups. Activision, for its part, countersued, claiming breach of contract and unjust enrichment by the band.

The LA Times reports that Los Angeles County Superior Court Judge Kenji Machida ruled in favor of No Doubt on two clauses: first, rejecting a shift of venue to a federal court (Activision had argued that the case centered on a copyright issue, which it felt justified the move), and second, “rejecting Activision’s effort to invoke freedom-of-speech protections under the 1st Amendment in defense of the broader use of the No Doubt avatars.”


Comments

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Even though it feels dirty to say it I'm with Activision on this one.  I think if I were to take the likenesses of a famous music group and create an animated video of them singing a song that isn't there's I should be able to without asking anyone for permission first.  It's a transformative act just like remixing one song with another is a transformative act, in my mind it should be covered in fair use.

my vanity is justified

my vanity is justified

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Ten to one activision will probably win this via the contract they sign.

The use of likeness will probably used as a broad term, sometimes I wish people would actually read contracts and actually ask questions rather then signing it and then 10 weeks later flipped out because something so obviously coulda been subverted.

---- Rumblerumblerumber

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Are you serious? You really think that No Doubt didn't have a team of high-priced attorneys go over each and every word in that contract with a fine-tooth comb before signing it? Waddya think? The drummer's Dad reviews their contracts for them? 

And the word "subverted" isn't the word I think you really wanted to use. I suspect that you wanted to use the word "averted." Maybe you should have your Dad review your comments for you before posting them.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Yeah, I bet those lawyers went and looked it over and over. But I still doubt they will win.

---- Rumblerumblerumber

Re: No Doubt Wins a Few Skirmishes in War with ATVI

This is on the edge patent troll disputes, activision paid for their music and likeness to use in a music game where you can dick around with avatars and songs...... really they should get a life....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: No Doubt Wins a Few Skirmishes in War with ATVI

Imagine Activision came up to you and said "We'd like to stick your likeness in as the main character in our game."

So you agree, sign a contract expecting to only see your character do certain things you agreed to beforehand and when the game comes out 80% of the content is watching you as the avatar get buttraped. Vividly.

You probably would be apt to sue.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Not really since they were paid for the use of thier imagae and any songs that might have thier name on it but do not own anymore,ect,ect,ect.


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

Patreon

Deviantart

Re: No Doubt Wins a Few Skirmishes in War with ATVI

People have a right to determine how their likeness is used and depending on the wording of the contract they signed they may well have a good legal case as well.

I know I wouldn't want my likeness being used to sing a song I really disagreed with or whose band I really had a problem with. Maybe it is being picky and maybe some people will think its frivolous but all of use should at least have control over our own persons and representations thereof.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

People have a right to determine how their likeness is used and depending on the wording of the contract they signed they may well have a good legal case as well.

I know I wouldn't want my likeness being used to sing a song I really disagreed with or whose band I really had a problem with. Maybe it is being picky and maybe some people will think its frivolous but all of use should at least have control over our own persons and representations thereof.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Sure.  Unless, that is, we sign that control away.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

What's with using Stock Tickers in the subject line? Are we CNN now?

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Great, this will likely just embolden more artists to keep suing for one reason or another.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Is the inverse actually better?

Do we actually want to embolden game companies to do more such violations?  If they want to profit off their likeness, they need permission and a contract.  Generally companies getting permission to do something with someone else's IP is a good thing.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Depends really, upon if the contract ACTUALLY says what they claim.

Re: No Doubt Wins a Few Skirmishes in War with ATVI

Yes, but I truly believe that No Doubt's case has merit. Artists will always sue for one reason or another. Only the legitimate complaints, which I believe No Doubt has, will truly hold water in court.

 
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