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No Doubt Gets Cobain'd, Files Lawsuit Over Band Hero

Band "bitterly disappointed," Activision "believes it is within its legal rights."

She does a mean
She does a mean "Y.M.C.A.," too. 
Activision's Band Hero has barely been on sale for 24 hours, and already the game is the focus of a lawsuit from one of the groups featured in the game. According the Los Angeles Times, No Doubt has filed a suit in Los Angeles Superior Court alleging that the way the band's likeness is used in the game is outside the lines of the band's agreement with Activision.

The in-game usage of the band is similar to the way music celebrities were used in Guitar Hero 5, and it allows the members of No Doubt, along with Taylor Swift and Adam Levine from Maroon 5 to appear in any role on any of the game's songs. You... may also remember that this is the exact same scenario that caused all of the uproar over the way Kurt Cobain's likeness was treated in that game, which led to a lot of Twitter-based unpleasantness from Courtney Love and, really, a lot of negative feelings from a lot of different people.

The LA Times article on the topic says that the ability to make Gwen Stefani sing "Honky Tonk Women" by the Rolling Stones is a specific sore spot. Like this:

“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.”

Well, when you put it that way, maybe they've got a point. The suit also claims that the band's request to limit their usage specifically to their own songs was turned down because it would be "too expensive" to patch it.

Activision's issued a statement in response to the suit, so here's a bit of that:

“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.”

It sounds like someone, somewhere needed to spend more time reading the fine print, but after the double-whammy of Kurt Cobain and No Doubt, I'm going to guess that this process of using likenesses in rhythm games will either get a lot more formal and specific or Activision will just do away with it entirely and save the likenesses for band-specific products, rather than attempting to cram them in alongside the standard cast of the Guitar Hero franchise and be forced to enact a bunch of specific limits on usage. It's probably not worth it for the company to negotiate likeness rights if they can only use them for two or three songs. Be sure to read the LA Times article for more of the back and forth between the two camps.    
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Buccura

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Edited By Buccura

Cobain'D. Awesome :D

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Edited By dradani

pershedetje

tung


 

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dradani

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Edited By dradani

tung  sijeni shipitar
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deactivated-5d7bd9e4bef30

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@moelarrycurly said:

" I love it how Cobain has become a verb now.  "

Cobain has been a verb for 15 years, it's just changed it's meaning. Like fag
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Media_Master

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Edited By Media_Master

Really....

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Kolonel_Kool

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Edited By Kolonel_Kool
@dingraha said:

" @Kolonel_Kool: hahaha what are you talking about dude what do you mean did the beatles sell out when they went on the fucking ed sullivan show do you only listen to artists who have never been signed to a label and release their songs for free. Are you somehow No Longer in the Artists Club once you begin making money off what you produce? "

Whoa dude, grammar.  The Beatles didn't sell out when they went on Ed Sullivan, that is completely different.  I may have used "selling-out" in the wrong context.  However, when you sign your likeness away for a music video game, you expect people to play as you.  You can't call blasphemy when they use you for other songs though, it's insanity!  If I had a gun in my hand when I read this article, I would've Elvis-ed my monitor.  This should be a lesson to anyone who sells their likeness, read the contract.  Not just the part where the dollar signs are, read the whole thing.  I just get frustrated when people get all bent out of shape for what is essentially a moot point.  I highly doubt this game will make a huge impact on Gwen Stefani's image.
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aaox

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Edited By aaox

Damn, Activision. 
Damn.

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TonicBH

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Edited By TonicBH

Now hang on a second here. There might not have been anything stipulated in the contract that their likenesses could be used for songs not performed by them. Only that their likenesses could be in the game itself.
 
This is what some of you aren't getting. This is for the "Why are they complaining/Should've read the fine print" people: Sometimes people like to maintain their dignity and keep their likenesses only appearing on their songs. The issue with Cobain in GH5 and No Doubt in BH is that they're clearly being used for songs NOT by them. While I bet some artists won't object, others may do so. I bet the Jimi Hendrix estate wouldn't have allowed for him to appear in GH:WT if he could be singing Michael Jackson's "Beat It."
 
It's harder for already deceased musicians (Hendrix, Cobain, Johnny Cash) to respect their wishes. If No Doubt wanted to be only used for their songs, it should've been stipulated in the contract. It'd be like being able to use Queen to sing an All American Rejects song in Lego Rock Band, but they only play Queen songs because Harmonix respects the band's wishes. This is just Activision not giving a shit. If this continues, there's the likelihood that bands will probably not sign up for their appearance in GH games after they hear that they might be headbanging to a thrash metal band.
 
Even if I were to ever own this game, I'd be amused at the fact I can have an all female band that has Taylor Swift and Stefani. It'd be an amusing novelty more than anything, although I can understand where they'd be coming from.

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jakob187

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Edited By jakob187
@TeflonBilly said:
"  @jakob187 said:

" Personally, I don't give a fuck that Gwen Stefani is being misused.  She fucking deserves it! "

I'd misuse her, IF YOU KNOW WHAT I MEAN!? HURR DURR"
I would've misused her before she worked with Eve and Dr. Dre.  =  /
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Juvarial

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Edited By Juvarial
@kerikxi:  
my apologies i thought that you were actually confused about the activision hate. When I look at everything i look at a company and publisher perspective. EA seems to be making a good worth of making profit and pleasing the "Core Gamer" Peter being introduced into the EA sports area is an amazing example of them putting REAL leaders who care about the games at the forefront of there company and development 
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wolf_blitzer85

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Edited By wolf_blitzer85
@Revell said:
" @etfp said:
" do they just sign contracts and agreements without reading it?   who are their lawyers, harvey birdman? "
I'LL TAKE THE CASE! "
Did you get that thing.....
 
 
 
 
 
 
 
 
 
That I sent you?
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BionicSheep

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Edited By BionicSheep

i really hoped that when you said they'd been cobain'd you meant they'd been shot in the head

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dietmango

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Edited By dietmango

Activision is full of pricks who think highly of themselves. But whatever, I could care less about this game anyway.

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hardcorebunnni

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Edited By hardcorebunnni
@wisdumcube said:
" My hatred for mainstream pop artists are eclipsed by my hatred of the evil corporate monster that is Activision. "

This.
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phonics

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Edited By phonics

I hope they get rights to Cesar Chavez's likeness for the next Samba De Amigo game.

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sameeeeam

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Edited By sameeeeam
@GeekDown said:
" I don't understand why they are so upset...I would be excited as fuck if I were in a videogame. But I guess it has to do with greed like every other bands and artists out there. "
But they're already stars; seeing themselves in video-games is not that exciting when they're already on display everywhere else.
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Ghostiet

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Edited By Ghostiet

Though I agree with Ozzy who said that "you know you made it when you land in a video game", if it's Activision's ass getting spanked, I can only fistpump with the idea of suing them.

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moelarrycurly

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Edited By moelarrycurly

I love it how Cobain has become a verb now. 

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Evilsbane

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Edited By Evilsbane

This whole issue confuses me None of it seems of any importance I mean who gives a shit that you can make No Doubt sing something else besides No Doubt songs its a video game I mean DAMN! If you are that concerned about it then don't sign a contract with Activision letting them use your likeness just get over yourselves same thing with the Kurt Cobain thing WHO CARES his crazy wife owns his image and she let them use it It is not a big deal its a game think of it like a parody an SNL skit, this is just retarded.
 
And guys there are plenty of things to be pissed at Activision about THIS is not one of them.

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Revell

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Edited By Revell
@etfp said:
" do they just sign contracts and agreements without reading it?   who are their lawyers, harvey birdman? "
I'LL TAKE THE CASE!
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wisdumcube

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Edited By wisdumcube

 My hatred for mainstream pop artists are eclipsed by my hatred of the evil corporate monster that is Activision.

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WinterSnowblind

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Edited By WinterSnowblind
@etfp said:
" do they just sign contracts and agreements without reading it?   who are their lawyers, harvey birdman? "
Apparantly the contracts either didn't mention, or didn't make clear that they could be used in other songs besides their own. 
I'm sure at the very least they would have had someone to read the contract for them before signing it.
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Kyle

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Edited By Kyle

With the increasing amount of celebrity cameos in video games, I really hope "Cobain'd" becomes a real term for this.

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Eckshale

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Edited By Eckshale

Psheesh... superstars are such crybabies.

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imhuntad

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Edited By imhuntad

More of this eh? whatevs...

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Edited By thedez

I need a video

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zeforgotten

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Edited By zeforgotten

I was expecting people to get their heads blown off. 
You don't post about "Getting Cobain'd" if there are nobody blowing their heads off, ok? 
Just how I wish that most people who started in bands like No Doubt would pull a Kurt Cobain on themselves.. 

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Pepsicolaboy

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Edited By Pepsicolaboy

Because 'No Doubt' have so much credibility to be concearned about.
 
People take these inherently casual, tacky and fun games way too seriously. 
 
God forbid women who parade themselves around near-naked on national television are 'exploited' by this video game! Not on my watch!
 
Bollocks.

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Rayfield

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Edited By Rayfield

Getting paid to be portrayed singing a Rolling Stones song in a video game? Damn, I'm surprised she hasn't killed herself over this hellish experience.
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Ouroboros

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Edited By Ouroboros

i hate activision so much, this just adds to it.

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gamer_152

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Edited By gamer_152  Moderator

I understand the concerns of No Doubt but once again this is another case where they're fighting a losing battle. When you sign a piece of paper saying someone can go off and do whatever they want to with your likeness you have to be prepared to accept that they may not always do something you're gonna fully agree with.

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etfp

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Edited By etfp

do they just sign contracts and agreements without reading it?
 
who are their lawyers, harvey birdman?

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Cube

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Edited By Cube

haha whatever, who cares

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copycatzen

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Edited By copycatzen
@SuperJoe said:
"Meanwhile, Gavin Rossdale is hoping Konami puts him in Rock Revolution 2. "

WTF, Bush should be in Rock Band
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copycatzen

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Edited By copycatzen

I hope Activision loses
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RsistncE

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Edited By RsistncE

Seems to me that the bands who sign the CONTRACT are too cracked out to even realize what they're signing and then they come back, months later apparently, and claim they are using their likeness illegally. Oh you crackhead rockstars, you're so funny.

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target_render

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Edited By target_render

I can understand the artists complaints, but they should have read the fine print.     Nex time, just don't allow your likeness to be used.

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Edited By gbrading

If anything, Gwen Stefani should be proud she is able to be featured singing "Honky Tonk Women", given what a fantastic song it is. But as it stands now, she doesn't really deserve to be associated whatsoever with the awesomeness that is The Rolling Stones.
 
"I met a gin-soaked, bar-room queen in Memphis,
She tried to take me upstairs for a ride.
She had to heave me right across her shoulder,
'Cause I just can't seem to drink you off my mind."
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Edited By Dryker

Or it can all be an elaborate promotional stunt. I don't think anyone was ignorant of anything. And if they were, I'm concerned for their future as professionals. No Doubt is huge, I'm sure they had some of the best lawyers money could buy that translated all the legalese for them. It's funny how Courtney Love's complaint was dismissed (she's just a junky, anyway), but since it's No Doubt, it's now taken more seriously. Strange, just strange.
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Gunner

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Edited By Gunner

stupid snobby bands, if they were a bunch of undergroud/indy bands then this wouldnt even be an issue, they should be happy that they are getting their royalties.

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MildMolasses

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Edited By MildMolasses
@Bigandtasty said:
"I think we all know which side we're on. Even with Gwen Stefani's solo work. "
I'm going to side with activision on this one, just like I did with the Cobain incident. Activision is a huge corporation with a team of lawyers, and I'm sure these contracts are quite solid. Much like Courtney love, I'm sure Miss. Stefani was quite happy to accept a fee without really understanding what was going on. I suggest that these people either stop agreeing to be in the games, or get the same lawyers that the Beatles use                   
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Edited By Brendan
@WinterSnowblind:
You make a good point, but notice that because of EA's new style they have made less money latey...as a company, technically Activision is doing the better job. 
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Xeiphyer

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Edited By Xeiphyer
@TheHT said:
" @SJSchmidt93 said:
" Cobain'd. 
 
Courtnee Love is gonna be all over GB now. "
she'd go crazy-er with all the resistance.  really though, this is stupid. gwen stefani's stupid. i can't look at her the same after in an interview the interviewer tried to talk to one of those harajuku girls and gwen stopped her saying only she can talk to them. WTF? "
She'd go crazy? =P You made a typo! xD
 
and I agree with you, gwen stefani is a crazy person, paying people to not talk and follow someone around is pretty messed up.
 
ONTOPIC: This whole thing is pretty stupid, its not as if anyone is going to somehow assume its gwen stefani singing about prostitutes or something, its just her avatar on screen during a different song, and its not as if anyone is really going to play as gwen stefani right? thats lame. I predict Activision winning because they signed a legal document saying they can use their likeness in the game, end of story.
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Raulito

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Edited By Raulito

We are all missing the obvious point, Cobain wouldn't have wanted Band Hero to exist and we should honor his wishes.

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deactivated-5d7bd9e4bef30

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 @jakob187 said:

" Personally, I don't give a fuck that Gwen Stefani is being misused.  She fucking deserves it! "

I'd misuse her, IF YOU KNOW WHAT I MEAN!? HURR DURR
 
@ANDYx0WNEDxU said:
" whats the beef...if i was put in guitar hero id love to be singing about getting it on with hookers "

Flip it around then. What if your virtual avatar was swinging around on stage singing about frequenting male gentlemen of the night?
Personally, I wouldn't mind. But I can perfectly understand if somebody took umbrage to that.
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Edited By dingraha
@Kolonel_Kool: hahaha what are you talking about dude what do you mean did the beatles sell out when they went on the fucking ed sullivan show do you only listen to artists who have never been signed to a label and release their songs for free. Are you somehow No Longer in the Artists Club once you begin making money off what you produce?
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jakob187

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Edited By jakob187
@SJSchmidt93 said:
" Cobain'd. 
 
Courtnee Love is gonna be all over GB now. "
@DrRandle said:
" I think saying that they get Cobain'd might be a title with slightly different implications than you intended. o.o "

 I feel it is now necessary to post Arseface: 
 

No Caption Provided
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championfetus

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Edited By championfetus

what does it matter if your "likeness" does anything. she's acting like activision made an actual living breathing clone of her and made it run around doing obscene things. it's not like she was some bubblegum pop star. no doubt has plenty of songs with sexual undertones.

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copycatzen

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Edited By copycatzen
@HatKing said:
"Sex with prostitutes?  I thought Band Hero was suppose to be the family version of these games... hmm. "

Yeah What the hell, someone explain, I am not familiar with Roling Stones songs.
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CL60

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Edited By CL60
@Kamikaze_Tutor said:
" "performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes."  Isn't that what Hollaback Girl is all about? I never understood that song. "
That shit is bananas.