Romantics Don't Like Guitar Hero Encore

"Guitar Hero Encore: Rock the 80s", part of Activision's popular "Guitar Hero" franchise, includes a cover version of the song "What I Like About You" by The Romantics.

Activision obtained a proper licence from The Romantics to include the cover song in the game. However, The Romantics have now sued Activision on the grounds that the cover version is too similar to the original.

The basic outline of the lawsuit is this: (1) The Romantics have developed an identity, persona and distinctive sound; (2) Activision intentionally misappropriated that identity and persona, and imitated the distinctive sound, in order to sell GH: Rock the 80s; (3) because the cover version in the game is "virtually indistinguishable" from the authentic version, consumers are confused and believe it is actually The Romantics playing the song in the game; and (4) Activision has sold "millions of dollars worth" of the game.

The suit specifically claims that Activsions has violated the band's right of publicity and has suggested an association, sponsorship or approval that doesn't exist, and has thereby caused damage to the Romantics and has been unjustly enriched.

This is an interesting claim -- presumably the licence allows Activision to create and include a cover version of "What I Like About You", and presumably does not restrict how the end product will sound. As well, there is a difference between allowing your content (either original or in a cover version) to appear in a game like GH, and endorsing or supporting that game as a commercial product. The Romantics obviously supported their content being in the game, and it seems a stretch to say that the game has sold well because consumers think The Romantics support or endorse the game in some other way. Finally, given the other content in the game (including original versions of some songs), what's to say that it's the quality of The Romantics' song alone that has resulted in the game's sales?

Coverage at GameSpot and GamePolitics.

Game Politics also has a link to the statement of claim.