Cluck-cluck-cluck. That's the sound of the band wagon moseying on into town. Today No Doubt filed a lawsuit against Activision for misusing their likeness in the new Band Hero video game. If this sounds familiar, it should. About a month ago the hellspawn known as Courtney Love filed a similar claim against Activision for their use of Kurt Cobain in Guitar Hero 5.
No Doubt issued a public statement saying the band "agreed to place avatars containing their name and likeness performing three No Doubt songs" but the folks at Activision turned this into an open invitation to sully the band's name and turn them into "virtual karaoke players." Further adding that they expect Activision to adhere to the contract signed and fix the problem in the game's code. However, in a not-so-public reply, Activision claimed that giving into No Doubt's demands would be "too expensive." Also issuing a public rebuttal stating:
"Some of the world's most popular and iconic artists have been featured in Guitar Hero as playable characters, and we are proud to count No Doubt among them. Activision has a written agreement to use No Doubt in Band Hero – an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry. Pursuant to that agreement, Activision worked with No Doubt and the band's management in developing Band Hero. As a result, Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit. Activision is exploring its own legal options with respect to No Doubt's obligations under the agreement."
So what do us outsiders to the situation think? Well, let this be a second lesson that when you sign a contract with some company for them to use your likeness, you're essentially signing over your likeness for whatever means said company intends for it. You don't really have a say how they use it. For example, I'm sure that when Rob Liefeld and Fabian Nicieza created Deadpool they wouldn't have wanted him turned into the monstrocity he was in X-Men Origins: Wolverine. But as soon as they created the character for Marvel, Marvel could do whatever the hell they wanted with him. For eternity. Here, with Band Hero, No Doubt essentially signed a piece of paper letting Activision be their digital puppetmasters.
And to be honest, while the cases are extremely similar between Kurt Cobain in Guitar Hero 5 and No Doubt in Band Hero, I can truthfully care less about No Doubt's particular predicament. Seeing a reanimated Kurt Cobain singing Peter Frampton was unsettling, to say the least, No Doubt is far less legendary. So really, whatever.
