No Doubt sues Activision over Band Hero [Updated]

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.

[Updated at 1:04 p.m.: “The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission,” manager Jim Guerinot said today. “They agreed to play three No Doubt songs as a band.... Activision then went and put them in 62 other songs and broke the band up [and] never even asked.”]

[Updated at 2:25 p.m.: In a statement issued this afternoon, the company said: “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.”]

The suit also charges that the game allows users to manipulate their characters to sing songs popularized by other pop music acts. No Doubt’s contract with Activision allowed the company to use the band’s music and likenesses in no more than three of the band’s 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 game’s Character Manipulation Feature, Stefani’s 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 Kanal’s likeness can be manipulated to sing, in a female voice, one of No Doubt’s 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.

[Updated at 2:25 p.m.: “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’s statement said. “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…. Activision is exploring its own legal options with respect to No Doubt’s obligations under the agreement.”]

The suit states that Activision executives withheld disclosure of the character manipulation feature, and refused the band’s 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.”

[Updated at 1:04 p.m.: “Perhaps most disappointing is when Activision was made aware of the problem, rather than make a fix they admit was technically feasible, they made a business decision that both the time and money required to do the right thing were too much,” Guerinot said. “I guess they are developing the next level of the game: corporate Rock Hero.”]

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.

[Updated at 1:40 p.m.: In September, after Nirvana leader Kurt Cobain’s likeness was used in Guitar Hero 5, his widow, Courtney Love, and former bandmates Dave Grohl and Krist Novoselic complained that the game placed him in front of other bands singing their hits. In that instance, Activision said the company had received written permission from Love to use Cobain’s likeness as a fully playable character. She subsequently Twittered that she had “never signed [off] on the avatar.”]

-- Randy Lewis

Photo: No Doubt's Gwen Stefani. Credit: Ken Hively / Los Angeles Times

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Comments

[Charles Vought]

While your original contract lawsuit might have merit - no gamer is going to be "confused" if a No Doubt Avatar is singing a Black Sabbath song. That is just an added bonus to the game and makes it replayable. In the Madden football games you used to have the ability to create a fantasy team from a mix of players. I don't see the NFL complaining. Bottom line it's only a game - be flattered to be part of a very popular series.

[Gaucho420]

Stupid lawsuit. Gwen & No Doubt think much higher of themselves than the rest of the world does...as if their image is hurt by having a digital avatar of them sing other people's songs.

Get real...this is all about $$$$, because no gamer in their right mind even cares about such an add-on feature. It doesn't drive sales, no one's going...OOOOH, Gwen is singing Mick Jagger, NOW I'M PICKING THIS UP! Or the contrary...Gwen's signing Jagger, I'm never listening to No doubt again!

Stupid lawsuit. ATVI isn't making an extra dime from that feature, as its a throw in feature.

[Patrick]

The Rolling Stones are the ones who should be upset, not No Doubt!

[Eddie Cabral]

What do you think?

[Mark]

Funny!

[Steve]

I agree -- No Doubt is looking to make a few extra bucks now that the game has been released. It's hard to believe that Stefani and company were unaware of the character manipulation feature. Besides, who cares?

[Carl]

What's wrong with Gwen singing about having sex with prostitutes? She's sung about worse. We all have.

[Justine]

The point is that as celebrities, their image is their product. Someone took their image and did something with it that they did not agree to. Something they apparently find humiliating. They've already asked to have it changed and Activision has refused, so what choice do they have but to sue?

[gerrrg]

Recall existing copies, are you kidding? Their request for injunctive relief will make those existing copies worth more than gold.

[Marcello]

Most of the comments I'm reading are seriously missing the point. Activision are a corporation, no different from the music labels, and they need to honor the contract that they signed with the band. If they can rip off a well-known band like No Doubt, what's to stop them from ripping off lesser-known bands who can't afford lawyers? Maybe Activision will decide that they don't need contracts at all. They can just steal the music, use it as they please, and give the finger to any musician who doesn't like it. If No Doubt wins this lawsuit, it will help protect the rights of all musicians, not just themselves.

[JOHN]

Update! 2:53 PM

No Doubt! Who cares!

[MattyJ]

I like how their manager insinuates that the game is somehow, an non-sensically, contributing to the notion of 'Corporate Rock'. As if No Doubt is some bastion of the independent mindset. If this is true, I expect tickets for their next tour to cost 10 bucks. What a joke.

Between Gwen's clothing line, fragrance, shilling for HP, etc., it's hard to believe they're worried about appearing 'corporate'. No Doubt is as corporate as it gets. Which, ironically, is showcased by their willingness to be in the game in the first place.

I'd love to play a game where you can take Gwen's head, put it on Alice Cooper's body and make it sing Sinatra tunes.

[Gab]

I have seen No Doubt perform a few times and the band is nothing more than a circus act. I can't believe that U2 (a great band) selected No Doubt to open for them in 2001.

Other cities get great bands such as Keane, Snow Patrol or Muse opening for U2, but we poor stiffs in the Southland get a vapid act like No Doubt.

[JohnMcMarten]

I think the corporate rock comment had more to do with the fact that they had a valid contract to perform 3 songs, these bozos put them in 65 and when No Doubt said hey...we dont want to be in all those or have the band broken up the guy said his corporate profits are all that matter.

Constantly ripping off creative people is lame even if you ahte Courtney and Gwen these guys should be ashamed

[Ugo]

Marcllo- Hw do you know No Doubt is in THE RIGHT? Why couldn't Activision be in the right and No Doubt, suffering with everyone else due to poor record sales, is simply trying to shake down ATVI for more money?

All I'm saying is the damage they claim was done to their "brand" is utter non-sense based on the arguments they provide. If the contract specificially says only no doubt songs, then ATVI is in the wrong...but I would think they're not, as this type of thing is very common in videogames that you can use characters in multiple ways. ITs nothing newe and therefore, I have NO DOUBT that ATVI dotted its Is and cross its Ts correctly.

[Rod M]

The only way they win this lawsuit is if they prove that Activision deliberately misled them. That is going to be very hard to prove and I love No Doubt so I hope they have the very best lawyer.

[Frankie]

Seriously, No Doubt just dropped off my list of "cool people" with this ridiculous law-suit. Have they ever played a video game before? Do they know it's for fun? Who cares if a player wants to load up their favorite avatar (in this case, No Doubt) and play a set-list of other artist's music. They should be FLATTERED that people want to play as them. This is a positive for their image, not a negative. If they wanted 100% control of their likenesses and their music maybe they should have spent the $100 million and developed their own music genre title in which the player can only play No Doubt music as No Doubt band members. Let's see how many copies of that game sell outside of Orange County. I'm guessing, NOT MANY.