"Fallout 4," the popular fourth installment in the hit action role-playing video game franchise, is highly lauded for its open world, epic gameplay, and complete freedom. That freedom also translates to hours of taking down mutants and unruly settlers, which some fans absolutely enjoy. However, singer Dion DiMucci apparently doesn't agree and he reportedly does not want anything to do with the game's use of violence to attract players. The singer has now filed a lawsuit against Zenimax Media, Bethesda Game Studio's parent company, for using his song "The Wanderer" on several video ads to promote their game.
Use disagreement
DiMucci had originally signed a contract with Universal Music Group for his 1960's classic pop song to be used in Bethesda's "Fallout 4" ads. However, the contract apparently includes a stipulation allowing DiMucci the right to refuse the use of his property if he does not approve of the video's content. The contract also states that DiMucci should be given the chance to bargain with the company regarding his licensing fee. Both stipulations were alleged not followed and the singer was not even given the chance to see the videos before they were released.
Too violent for his music
Polygon reported that in the legal documents filed with the California state district court, the singer outright condemned ZeniMax Media and Bethesda Game Studios for using his music in ads that he describes to be “repugnant and morally indefensible.” The singer is apparently not very happy with how his music was used as a background to several scenes of senseless violence.
The document further states that the commercials showed murders that glorified violence as a sport.
Not given the chance
DiMucci's lawyers also revealed that if the singer had been given the chance to view the commercials before they were released, he would never have had given his permission to use his music. He would have suggested that the video instead focuses on the struggle for survival without the unnecessary violence.
Due to the apparent negligence of the companies, DiMucci is now seeking both financial damages and is demanding to have all of the videos taken down. The suit itself seeks for ZeniMax to pay over $1 million in damages due to the backlash of being associated with the violent videos. Bethesda has not yet issued a statement to respond to the lawsuit. It is also not yet clear if the company plans to pay the amount or if it would continue to fight DiMucci in court.
