'Fallout 4' News: ZeniMax Faces Lawsuit Over Use of 'The Wanderer' Song in 2015 Trailer
ZeniMax Media, Bethesda's parent company, is facing a lawsuit from the artist behind the song used in a 2015-released "Fallout 4" live-action trailer called "The Wanderer."
The song, that has the same title as the trailer, was originally popularized by Dion DiMucci, the plaintiff, or more commonly known in his career as Dion.
The song "The Wanderer" was first released in 1961 and was included in Rolling Stones' 500 Greatest Songs of All Time in 2015.
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Parts of the song were used in the said trailer where an armed dweller and his pet went on wandering the wasteland. Just like in the game, the dweller encountered mutated roaches and other big creatures that he needed to kill in order to survive before he went back to his vault.
In a complaint filed on July 2, DiMucci's camp built their case by pointing out that, by law, ZeniMax should enter a separate bargain with DiMucci as he is the recording artist of "The Wanderer," on top of the licensing agreement between the video game company and UMG Recordings, Inc.
DiMucci's complaint then pointed out that recording artists in these instances reserve the right to "control when and how his performance is exploited in advertisements presented to the public."
In paragraphs 12 and 13 of DiMucci's complaint, his legal representatives stated that ZeniMax "failed to separately bargain" with the recording artist before the trailer in question was published on Oct. 18, 2015.
The music artist's complaint then emphasized that the "Fallout 4" advertisement was "objectionable" for its contents depicting "homicides in a dark, dystopian landscape, where violence is glorified as sport."
DiMucci's camp added that the killings seen in the game "were repugnant and morally indefensible images designed to appeal to young consumers" and as long as the trailer has not been taken down, it will cause "ongoing irreparable injury" to DiMucci.
In the end, the singer's legal representative asked for several sanctions to be imposed such as having a trial by jury and demanding compensation for the recording artist.
