'Fallout 4' Parent Company ZeniMax Sued for Use of 'The Wanderer' in Ad
Bethesda's parent company ZeniMax is being sued by singer Dion DiMucci for using his song, "The Wanderer," for a "Fallout 4" commercial.
DiMucci reportedly had a deal with Universal Music Group where he agreed to have his songs used in "Fallout 4" ads. However, he claimed that their agreement indicated that he should be consulted separately prior to the actual use of the song. ZeniMax allegedly did not follow this procedure.
"Defendant's commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport," the lawsuit read. "The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers."
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DiMucci argued that his song's message was not reflected in the video game's ad, which instead glorified homicide, "making the infliction of harm appear appealing, if not also satisfying."
The lawsuit continued to explain that DiMucci would have not agreed to let ZeniMax use his music in the same context. If he had been consulted, the singer would have urged ZeniMax to have "instead told the story of a postapocalyptic struggle for survival without craven violence."
As compensation for the damages, DiMucci is seeking "in excess of $1 million." He also demanded that ZeniMax remove the ads.
DiMucci, now 77 years old, is an American singer-songwriter who rose to prominence during the late 1950s. He is famous for songs such as "The Wanderer," "Runaround Sue" and "Ruby Baby." In 1989, he was inducted into the Rock & Roll Hall of Fame.
Earlier this year, DiMucci released "Kickin' Child: The Lost Album 1965," which contains 15 songs that he recorded decades ago but were never made available to the public.
Many publications have already reached out to ZeniMax and Bethesda for comments on the situation. So far, none have been answered.
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