TMZ has reported that the band No Doubt is suing Activision for "the unauthorized use of the No Doubt's name and likeness," in Band Hero, released on November 2. The band is suing for an injunction prohibiting the use of the band members' likenesses in songs other than the three No Doubt tracks included in the game, and seeks an undisclosed amount of damages. This is similar to the lawsuit that Courtney Love has filed against Activision for the use of Curt Cobain's image in the same video game.
Since they both had a contract with Activision, is this more of a breach of contract issue or is it a Right of Publicity issue since they are objecting to the use of their image for songs they would never agree to sing in person? Activision has reported that they feel that the uses of the celebrities images are well within the contract agreement.
Also, lobbyists for the video game industry would like video games to be considered a protected medium and not subject to liability for right of publicity claims. Do you think this will be allowed as an exception like it is for newspapers, or why not?
Further reading:
http://rightofpublicity.com/gwen-stefani-and-no-doubt-sue-activision-over-rock-band-video-game-11-12-09
http://www.shacknews.com/onearticle.x/61134
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