activision sued because Guitar Hero cover sounds too much like original

[Translucid]

because of the song "What I like About You" on Rocks the 80s.

But they say by creating an imitation so much like the Romantics' original, the California-based company infringed on the group's rights to its own likeness.

discuss.

[Maijo]

Re: activision sued because Guitar Hero cover sounds too much like original

That's funny.

[Wavelength]

Re: activision sued because Guitar Hero cover sounds too much like original

Your honor, I would like to move for a Summary Judgment for the Defendant.

[thetruecoolness]

Re: activision sued because Guitar Hero cover sounds too much like original

Yeah that is pretty funny, I think maybe they're just mad that the other band is better than them at being them .

[Karr Lord of Chaos]

Re: activision sued because Guitar Hero cover sounds too much like original

thats just weird. dont they get the rights to the songs and that?

infringing on their own likeness? i dont even know where to begin.

[Riotsword]

Re: activision sued because Guitar Hero cover sounds too much like original

On a related note, Capcom is suing TTC because his avatar looks too much like a character in one of their video games.

[Goufunaki]

Re: activision sued because Guitar Hero cover sounds too much like original

cover
http://www.youtube.com/watch?v=5VAag8Vxipc

original
http://www.youtube.com/watch?v=KDI2YjZ7Ntk

[Red Dragon]

Re: activision sued because Guitar Hero cover sounds too much like original

KISS should sue half the world then.

I mean really, jeez.

[thetruecoolness]

Re: activision sued because Guitar Hero cover sounds too much like original

On a related note, Capcom is suing TTC because his avatar looks too much like a character in one of their video games.

OH SHI.... Alright who told them about it.

I hope things like that never happen.

But yeah I don't see how you can steal someone's "likeness" by just sounding like them if you have the rights to play the song. It's not like you see the band performing it on the game or anything. So I think they're just upset that they're so easily imitateable.

[Maijo]

Re: activision sued because Guitar Hero cover sounds too much like original

Well, the lawyers did make them take the vocals off of Spanish Castle Magic in the first Guitar Hero because they sounded too close to Jimmy Hendrix's original cut.

[Crimson Knight]

Re: activision sued because Guitar Hero cover sounds too much like original

So... Activision got permission to include the song, but they're being sued because they were TOO good at making the cover sound like the original?

WTF DETROIT!?

[Jamos]

Re: activision sued because Guitar Hero cover sounds too much like original

The stupidity of this lawsuit is unbearable. Maybe next we will have twins sueing each other over "likeness."

[lil_das]

Re: activision sued because Guitar Hero cover sounds too much like original

People get sued all the time for stupid things... Metallica much?

[Maijo]

Re: activision sued because Guitar Hero cover sounds too much like original

Well, I'm sure in the agreement Activision ensured that it would be a cover version that would appear in the game. But since it sounds so close to the original, it may as well be the real version, which makes them mad.

[Wavelength]

Re: activision sued because Guitar Hero cover sounds too much like original

Well, I'm sure in the agreement Activision ensured that it would be a cover version that would appear in the game. But since it sounds so close to the original, it may as well be the real version, which makes them mad.

They allowed the rights to imitate the song in vocals and instrumentation as well as possible (that's what these kind of cover versions are there for--to get as close to the original as possible--both parties understand that well). They did not provide the actual song to Activision. Since the two types of "consideration" (value) are different, The Romantics does not deserve to be paid for anything more than allowing the cover version, nor do they have the right to issue an injunction.

If you were to sell someone a recipe and then they created the meal just as well as you could make it, you have no right to sue them for lost sales.

My sincerest hope is that the case is dismissed and The Romantics is ordered to pay all of Activision's legal fees.