No Doubt says 'no' to Band Hero depiction

Although several artists have been depicted in music games like Guitar Hero in the past, Gwen Stefani's No Doubt is having some trouble with its own likeness in the newly released Band Hero game from Activision.

According to a court filing obtained by the Los Angeles Times, the band sued Activision over a feature in the title that provides gamers with the opportunity to have band members perform another artist's songs.

The lawsuit specifically takes issue with the ability for gamers to have No Doubt lead singer Gwen Stefani perform the Rolling Stones' Honky Tonk Women. The suit claims that it "results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes," the LA Times is reporting, citing documents filed in the Los Angeles Superior Court on Wednesday. The suit also claims that No Doubt objected to the "Character Manipulation Feature," but Activision refused to remove it.

For its part, Activision says that it's not at fault. The company wrote in a statement cited in several publications, that it has a "written agreement" with No Doubt that justifies the use of its likeness in various features in the game.

"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," the company said in a statement. "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."

No Doubt is asking for unspecified damages, as well as "a preliminary injunction and a permanent injunction against distribution of the game and for Activision to recall existing copies," the Times is reporting.

[funkyboot]

These statements sound a lot like the arguments both parties made when Courtney Love sued Activision over the use of Kurt Cobain's likeness in a similar manner.

[TinyIoda]

Yes but she's alive to defend herself and her rights.......

[heartattackman]

Funny that a pop music band that sold it's songs and likeness to the highest bidder for a video game would now have the stones to complain about how its likeness is being used. Typical spoiled brat popstars. I hate it when my champagne goes flat.

[faceless128]

No Doubt is a pop music band?

[pentest]

"No Doubt is a pop music band?"

Um, yes.

[CrimsonDeo]

"No Doubt is a pop music band?"

Hell yes.

fix'd

[mike_ekim]

they 'were' a pop music band. are they together again?

[AKCHEF72]

No Doubt can suck it...How much was that check from Activision? and now you dont like that a Gwen Stefani avatar singing a Stones song....suck it Gwen....I am going to go on second life, create No doubt avatars and have them sing "Me So *****" wearing Metallica clothes.....maybe I can be sued by two of musics biggest cry babies.....

[darthstupid]

Be careful what you wish for!

[Viperid]

You just might get it, duh duh duh duuhhh
Then it all crashes down
And you break your crown
And you point your finger
But there's no one around

(King Nothing, Metallica)

[joshdeboer]

This band is washed-up and lame!

[darkpoet25]

Amen to that.

[kojacked]

Give credit where credit is due. I suppose they added nothing to the music scene. You've obviously added more. Have fun playing guitar hero with your fat self infront of the boob tube.

[codynews]

Gwen Stefani: "waaaaaaaaaaaaaaaaa"

[C0mmanderB0nd]

Here I thought Band Hero was supposed to be the "family friendly" song version of Guitar hero???

[Renegade Knight]

Interestingly enough the law changed to prevent the use of celebrity (not sure about us regular Joe's) images and likenesses without their endorsment.

It prevents a cartoon celebrity look alike with a voice actor who sounds like them from endorsing a prodcut creating an entirly false impression that the actual celebrity endorses the product.

Alas it also gets in the way of things games like this where you need the endorsment. As the law stands, Gwen should win. Her endorsement is lacking.