Zenimax, the parent company of Fallout 4 developers Bethesda Game Studios, is being sued by Dion, singer of The Wanderer.
The song was used in a live action trailer commercial by Bethesda Game Studios and Zenimax to promote Fallout 4, which the singer described as “featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport”.
The lawsuit, which has been filed in federal court in California by Dion DiMucci, describes the song’s use as “repugnant”.
The lawsuit states that DiMucci entered into an agreement via UMG Recordings to licence use of the song ‘The Wanderer’ for Fallout 4 commercials, however the agreement contained an option for DiMucci to bargain with Zenimax for a better rate, which Zenimax allegedly failed to do. The contract also contained a clause allowing DiMucci to vet the way in which the song would be used, it is alleged that Zenimax failed to obtain DiMucci’s consent prior to the commercial’s appearance.
Consent is required, the lawsuit alleges, as the Fallout 4 adverts are “objectionable” due to their violent content.
“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,” the lawsuit reads.
The lawsuit alleges that an agreement could have been made “to change the scripts so that, for instance, they instead told the story of a post-apocalyptic struggle for survival without craven violence.”
“Alternately, he could have priced into his fee adequate compensation to safeguard himself against the potential loss of goodwill from being associated with the immoral images in Defendant’s scripts” the suit mentions.
The suit asks for in excess of $1 million in damages.