The 80s version of Guitar Hero [see Hmmcast #147] has a great line-up of songs including “What I Like About You” by the Romantics.
Some of the versions of songs in the game Rock Band and Guitar Hero are extremely good cover versions. The companies pay licensing fees, but it seems that doesn’t stop a lawsuit from happening if the cover is too similar.
Copyright isn’t the issue for the Romantics. The band’s attorneys said Activision properly secured permission to use the song What I Like About You, which allowed it to record a cover version. But by creating an imitation so much like the Romantics’ original, they said, the company has infringed the group’s right to its own image and likeness.
I’ve had this one bookmarked for a day and read the article several times. I still don’t completely understand what the Romantics are so upset about. What is the difference between the license Activision purchased and a Master Use License? Isn’t the whole point of a cover version to sound as close to the original? The Romantics seem to be upset because it’s too close? Huh?
The Harry Fox agency which handles music licensing doesn’t handle Master Use Licenses:
Master use rights are required for previously recorded material that you do not own or control. The Harry Fox Agency does not process licenses for master use rights. They can only be obtained from the owner of the master recording, usually a record company…
Where did Activision buy a license for Guitar Hero II?
With the sales of these games and the replay value I’d think every band would be clamoring to get their music into these games. On the Xbox Live they are selling these songs over $2 each. Surely there is something in there that can be shared with the bands? This seems to be the crux of the issue for the Romantics that they aren’t seeing the revenue directly? The licensing fee got sucked up whom? The RIAA?
The article indicates the Romantics also are seeking an injunction against the game, which means if successful it could have the title removed from store shelves this holiday season. Hint: buy it ASAP.
Maybe you can help me sort out the details on this one below. They bought a license, apparently not the right one. Is this like buying deer tags and shooting an elk instead?
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