The Romantics Vs. Guitar Hero Encore: Rocks The 80s
This summer Guitar Hero rocked the '80s, eliciting raves from fake-fret fanboys alongside workmanlike sessions of procrastination around the nation. But if you were waiting for some post-holiday sales before buying your copy, you might wanna scrap that plan and pick it up ASAP, 'cause the Romantics are looking for a temporary injunction
According to an AP report, the band, whose "What I Like About You" appears in Guitar Hero Encore: Rocks The 80s' "Return Of The Shred" section, have filed suit against game maker Activision Inc., claiming GH infringes upon their Romantic rights by containing a soundalike version of the band's Budweiser-soaked jam. They're seeking unspecified damages, and an injunction to remove the game from store shelves.
Before the IP attorneys in the house have a conniption, know that copyrights aren't at issue; as they did for each of the other 30 some odd songs on the tracklist, Activision secured permission to record a cover of the tune for the game. Rather, "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."
Exhibits A and B after the jump.
Exhibit A: "What I Like About You" - The Romantics
Exhibit B: "What I Like About You" - The Guitar Hero Houseband
Not gonna argue, those renditions do sound awfully similar. Confusingly similar, even, aside from the video game version's STAR POWER READY! neck slides and crowd cheers and the fact that it's being played by a massive manga beefcake. Maybe just tweak the vocal next time, Hero? That oughta keep those hopeless Romantics off yr back.
Posted at 2:24 PM in Video, Where's The Beef?
Tags: Guitar Hero | The Romantics
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The video game version sounds a lot more nasily. Also it's slower. Looks like someone's trying to recover some of the money they snorted twenty years ago...
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Guitar Hero is for fags.
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Lanham Act!!
If it creates a confusion in the consumer, it's a problem. In this case, I'm sure that people played the game and assumed that the band had authorized the song's use...
Yep, I've got an exam on this shit next week.
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Eh, I don't really buy it. I've never played Guitar Hero, though, so i don't know if it's more soundalikey than other songs. Also, though I've never played it, I know how to play it, is that Youtube vid on SuperInsaneDiffficult mode? Just wondering.
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But Samir, just having igorant consumers assume that a band was required to authorize the song's use shouldn't count as consumer confusion (I'm failing to remember how much import courts place on it, because *my* trademarks exam was a year ago!). But either way, they're not suing under the Lanham Act, they're suing under state law right of publicity statutes. I still call bullshit though. We have copyright in the composition and copyright in the sound recording. You can't use a sound recording in any way, even if you use a tiny amount that is rendered unrecognizable (hence all those ridiculous sampling cases). That should be enough. Because otherwise, where do you draw the line at how close a cover can be?
A separate question is, if the Guitar Hero people aren't getting the bands' permission to use the songs, then why have they thus far not put some of the really big stuff on there (Led Zep, etc)? I had always thought the bands weren't authorizing it, and the stuff they were using was authorized. But if it wasn't then what gives?
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Eric:
1. You're probably right, and therefore,
2. I should probably study more
To answer your question about where the line would be between cover and original, though, isn't the primary factor - and there are a handful - the detriment that the original artist suffers as a result of the copy? So the Romantics would have to prove actual harm suffered.
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Eric & Samir - You might want to re-read the original post... the Romantics DID give permission for the cover in the first place. They're just now deciding the result sounds too similar to their original track. (I'm not sure what they thought they were authorizing... an intentionally bad cover?)
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Yeah, sounds like a frivolous lawsuit to me. The two versions are clearly not by the same artist; while the guitar work's dead on, the other parts aren't, especially the vocals.
And Jason, the GH clip is in Expert-- What I Like About You is one of the more challenging tracks in GH80's. (It's actually pretty easy compared to some of the stuff in GH3, though.)
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I fucking hate 80's music!
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i don't get why they would authorize a cover but not let them put the original version instead?
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