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Denver, 4:37 PM
Sun Nov 22
17 posts in the last 24 hours
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11/05/09
11/05/09
If you don't want to get burned, read the bloody fine print next time. #bandhero
11/05/09
Given how quickly Activision churns out titles, I wouldn't be surprised if a detail such as "Band X doesn't want their characters in other songs" got overlooked.
Just one downfall of rapidly producing product...no quality control. #bandhero
11/05/09
11/05/09
And then they found problems with the contract, and had their lawyer fix the legal terminology. Then they sent it back to Activision's lawyers, and they made adjustments.
And they probably played Contract Pong for several months.
Because that's how these things work.
Years ago it became commonplace to want to hose musicians. Oh, and, yeah, hey, everyone gets hosed all the time, legally and otherwise. But musicians, it's still considered "okay" to screw over. Because, hey, we're just artists, right? What's it fuk'n matter!
What matters is whenever one of the artists says "You screwed me, and I'm gonna fight back now." And, knowing Activision's history, especially for them being taken to court for this sort of thing already, it is indeed entirely possible that they just decided "Bah, use them how we want. They're No Doubt. They need the free advertising!"
Ha. As if.
My point being, don't screw people, lest you be prepared for them to screw you in return.
Disclaimer: I am not nor do not stand by either side in this sort of legal debate. I also do not know the entire story for either side. I am merely commenting on the commonplace occurrence of taking advantage of artists, and stressing the fact that most artists do NOT just sign papers. That also is not to be confused with anyone signing a contract even when they are clearly being hosed in said contract.
11/05/09
@Malice Blackhart:
What I meant is that they probably didn't read it personally. No doubt (unintended) that it was read by someone, most likely their manager. But I find it hard to believe that they read it personally if they're trying to fight this. I can say with a 90% certainty that this will be covered in the contract somewhere. Whether the artists themselves were explicitly made aware of this though is doubtful.
But yeah most likely version is their manager read it, figured it was okay and got the band to say yes. #bandhero
11/05/09
Congrats. You won an argument on the internet.
Just, FYI, people do things contracts don't allow all the time -- they're called loopholes. Just because you can do it, doesn't mean the contract explicitly stated it. But, it didn't say anything against it -- so it must be okay. #bandhero
11/05/09
11/05/09
11/06/09
So is Cobain though. The rights to use their images and music don't disappear, just get passed on. Whoever has Hendrixs rights probably read the contract, didn't like it and made sure he was exempt. #bandhero
11/05/09
11/05/09
While Activision probably didn't lay it out in black and white it'll be right there in the contract, the contract that No doubt and Cobain's widow et al all signed. It's just as much their fault for signing themselves away for a quick buck without bothering to check exactly what they were signing up for. You can whine about Kotick being the devil but it doesn't change who was holding the pen. I mean seriously if you sign a contract forfeiting your house for a dollar you can't go back and whine about losing your house because you didn't read that bit. #bandhero
11/06/09
11/04/09
Seriously, who the hell buys a No Doubt album? #bandhero
11/05/09
11/04/09
11/04/09
11/05/09
11/04/09
11/04/09
Once again, Activision provides evidence that they did in fact get No Doubt's permission to use their likeness.
But, once again, nobody's arguing that Activision couldn't use No Doubt. They're debating the legality of how the band was used in game.
This statement does nothing to help their cause, as they never once address the issue of No Doubt playing songs that aren't by No Doubt.
Just like when they said the same thing about Cobain. #bandhero
11/04/09
11/04/09
Sounds a little defensive. And "representatives" always sounds better than "lawyers", doesn't it?
I'm guessing the language didn't specify "usage" to any specific degree. After the Cobain debacle, suddenly musicians are realizing the ramifications of giving away your likeness to a developer without putting a firm hand in the development process.
This will never be an issue after GH5. There's no way the lawyers won't be going over this stuff with a fine-toothed comb from now on.
Activision should reach some kind of settlement, just for goodwill. Something beyond defensive PR statements. Musicians are a temperamental bunch, and they may flock elsewhere if there's enough blood in the water at Activision, and there's a litigation frenzy. #bandhero
11/04/09
If they haven't cried stupidity yet, than it probably means that they are legally in the clear of any heat. I wouldn't settle, or redact the work, if I were Activision. If people are going to not read fine print anymore, than they deserve what happens to them. :-/ #bandhero
11/04/09
11/04/09
11/04/09
I bet the signed contracts are for usage with their songs, which Activision then 'stretched' to make them into karaoke singers.
Remember - one is an incident, two is a trend. I wouldn't be surprised if a third lawsuit is coming.
Besides, since when did anyone start defending Activision of all companies? I thought you lot hated them with the passion of a thousand burning suns. #bandhero
11/04/09
11/04/09
11/04/09
Oh, and did he hate blacks. Look up some of the stuff he had to say about blacks in South Africa, and again, don't just look towards the movie of him. #bandhero
11/04/09
Don't hire any more celebrities.
You'll save money and won't have to deal with their BS. #bandhero
11/04/09
And my intense level of apathy to their brand would be less extreme. #bandhero
11/04/09
11/04/09
11/05/09
11/04/09
11/04/09
I'm being serious, I want to see if there were any loopholes that Activision could have taken advantage of. #bandhero
11/04/09
11/04/09
11/04/09