Post by CM Poor on Nov 22, 2007 22:40:03 GMT -5
DETROIT, Michigan (AP) -- The Romantics have filed a federal lawsuit against Activision Inc., the maker of "Guitar Hero," saying the popular video game infringes on the band's rights by featuring a soundalike recording of its 1980 hit "What I Like About You."
"Guitar Hero Encore: Rocks the 80s" features a soundalike recording of The Romantics hit "What I Like About You."
The lawsuit, filed Tuesday in U.S. District Court in the group's hometown of Detroit, seeks unspecified damages.
The song is one of about 30 songs featured on "Guitar Hero Encore: Rocks the '80s."
The band also is seeking an injunction that could take the best-selling game off store shelves.
A copyright claim is not the issue for the Romantics.
The band's attorneys tell the Detroit Free Press for Thursday's edition that Activision properly secured permission to use "What I Like About You," allowing it to record a cover version.
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.
Activision representatives did not return calls for comment from the Detroit Free Press
"Guitar Hero Encore: Rocks the 80s" features a soundalike recording of The Romantics hit "What I Like About You."
The lawsuit, filed Tuesday in U.S. District Court in the group's hometown of Detroit, seeks unspecified damages.
The song is one of about 30 songs featured on "Guitar Hero Encore: Rocks the '80s."
The band also is seeking an injunction that could take the best-selling game off store shelves.
A copyright claim is not the issue for the Romantics.
The band's attorneys tell the Detroit Free Press for Thursday's edition that Activision properly secured permission to use "What I Like About You," allowing it to record a cover version.
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.
Activision representatives did not return calls for comment from the Detroit Free Press
"We, the prosecution, believe the facts are straight, and indistinguishable: Activision followed proper protocol in securing the right to record a cover version of one of our only two hit songs. As such, we, the plaintiffs, believe that having dabbled in not but relative obscurity since 1983, that Activision are in fact criminals, and that we're entitled to money that we have not seen since 1983 when we stopped being relevant.
From Elsewhere:
The suit, filed yesterday (Nov. 20) in federal District Court in Detroit, claims that the sound-alike recording of the song improperly imitates the band's sound, which the members have developed since 1979. The recording makes it "virtually indistinguishable from the authentic version" and confuses consumers into believing that the band actually recorded the music and endorsed the product, the suit says.
Except where Activision distinguishes between master recordings and covers. A master recording will read "Song X by Band X", where as a cover will be listed as "Song X: As Made Famous By Band X".
Maybe The Romantics can hang out with Gene Simmons and bitch about how much money Kazaa is costing them next weekend.
I dont know good luck 
