Detroit rock band
The
Romantics is suing the publisher of
Guitar
Hero, claiming that the game features a sound-alike recording of its 1980
hit What I Like About You.
The lawsuit against
Activision
was filed on 20 November in the US District Court in Detroit.
The claim does not involve copyright infringement, as Activision obtained
permission to create a cover version of the song for Guitar Hero
Encore.
Activision is instead accused of making the track sound too similar to The
Romantics' version, leading many gamers to believe it to be the original.
"It is a very good imitation, and that is our objection," said attorney
William Horton. "Even the guys in the band said: 'Wow, that's not us but it sure
sounds like us.'"
Wally Palmer, a guitarist for the band, wrote in an affidavit: "I was very
upset because the band had worked very hard over many years to develop and use
its distinctive sound."
The suit alleges that permission was not obtained to create a sound-alike of
the song, and that Activision should have secured a master licence for the
original which would require the firm to pay royalties to the band.
The game's version of the song was recorded by
WaveGroup
Sound which is also named in the suit.
The Romantics are claiming unspecified damages and an injunction against the
game.
A successful action could take Guitar Hero Encore off the shelves
just before the crucial holiday season.
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