Rock band No Doubt has filed a real-world lawsuit over its virtual role in the just-released Band Hero edition of the Guitar Hero video game series, claiming that the game has transformed No Doubt band members into a virtual karaoke circus act, singing dozens of songs the group neither wrote, popularized nor approved for use in the game.
In a suit filed today in Los Angeles Superior Court, the band alleges that Santa Monica-based Activision, the maker of the game, has far exceeded the contractually approved use of likenesses, or avatars, of band members Gwen Stefani, Tony Kanal, Tom Dumont and Adrian Young.
An Activision spokesman said the company had not seen the complaint yet and therefore had no comment.
The suit also charges that the game allows users to manipulate their characters to sing songs popularized by other pop music acts. No Doubts contract with Activision allowed the company to use the bands music and likenesses in no more than three of the bands own songs, the suit states. The game, which was released Tuesday, puts the group members images, collectively and individually, into more than 60 songs, many of which include lyrics, contained in iconic songs, which are not appropriate for No Doubt and have not been and would not have been chosen by No Doubt for recordings or public performances.
Specifically, the suit notes that through the games Character Manipulation Feature, Stefanis image can be induced to sing the Rolling Stones Honky Tonk Women.
While No Doubt are avid fans of the Rolling Stones and even have performed in concerts with the Rolling Stones, the complaint states, the Character Manipulation Feature results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes.
It also states that bassist Kanals likeness can be manipulated to sing, in a female voice, one of No Doubts signature hits, Just a Girl.
Activision has deceived and confused the public into believing that No Doubt authorized the use of its name and likeness for the Character Manipulation Feature of Band Hero and that No Doubt approves and endorses the appearance of its members individually performing songs that are wholly inappropriate and out of character for No Doubt, according to the complaint.
The suit states that Activision executives withheld disclosure of the character manipulation feature, and refused the bands request to remove or disable it in conjunction with the No Doubt avatars after the band learned how they were being used. The complaint says Activision officials told the band that doing so would be too expensive.
The suit asks for unspecified actual and punitive damages, a temporary restraining order, a preliminary injunction and a permanent injunction against distribution of the game and for Activision to recall existing copies.
-- Randy Lewis
