The “Fallout” game series has already established its great choice of music to set the post-apocalyptic mood, but its publishers may have messed up a little bit in the trailer for “#Fallout 4.” #Dion Dimucci, the frontman of the ‘60s pop group Dion and the Belmonts, has filed a lawsuit against Bethesda’s parent company, ZeniMax Media.

The ads for the game are memorable in part for their use of DiMucci’s song “The Wanderer,” but the singer has called it “repugnant and morally indefensible,” asking the publisher to take it down, and pay him a million dollars in damages.

DiMucci: Not a fan

Polygon reports that DiMucci had entered an agreement with Universal Music Group with the terms that he will have the right to prohibit the use if his song unless his terms were met first.

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While the singer is not objecting to “Fallout 4” itself, he argues that the commercials glorify the protagonist’s violence instead of focusing on surviving.

The California lawsuit indicates that the "Defendant's Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport.” In short, the singer isn’t a fan of his song being used in such dark themes.

The contract also says that DiMucci is entitled to bargaining with ZeniMax about a licensing fee, to which the singer says the company failed to participate. If he had been allowed to review the ads before they were released in public, he would have requested the company to focus on the context of survival in the post-apocalyptic world, instead of glorifying violence, the document goes on to note.

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When ‘Fallout 4’s’ M rating is being questioned

DiMucci’s claims are currently up for review, but it raises the point on how video games are currently marketed. Considering the amount of violence in “Fallout 4,” which is rated M for Mature, by the way, there’s shockingly little violence in what the singer calls “repugnant” commercials. The trailer does show a nuclear bomb going off and eradicating a whole town in New England, but the only thing one would consider violent is the protagonist battling a gang of evil mutants, and there’s also one wherein he tries to kill a gigantic cockroach of some sort.

ZeniMax hasn’t commented yet regarding the lawsuit, but whatever the outcome of the matter is, this issue might have developers and publishers wade more carefully in using and licensing music. In a generation where everything is devoured by the masses, it seems royalty checks aren’t the only thing artists care about – they’re bent on preserving their public image as well. #The Wanderer