Fallout 4 had a number of commercials to advertise its expansive open world and next-generational mutant-slaying combat. The live-action version stands out particularly for its mix of style and substance, in showing elements of gameplay alongside a catchy pop song from the ’60s. The writer of that song though, now claims that he had a right to refusal in his contract which Zenimax ignored, and now he’s none too happy.
Describing the commercial as, “repugnant and morally indefensible,” DiMucci claims that not only did Zenimax ignore his concerns about the trailer, but it did not extend to him his contractual right to negotiate a licensing fee.
Although DiMucci is interested in monetary compensation, what he appears to find particularly egregious, is the use of his song alongside “glorified violence,” especially since he considers it to be marketed toward younger consumers.
While it is probably worth pointing out that the game does have a mature, 17+ ESRB rating and is about more than simply killing, DiMucci’s suit paints the game as a violence simulator, where “a wanderer roams from one location to the next, armed and hunting for victims to slaughter,” (thanks Polygon).
Although Polygon has yet to issue a comment on whether it is in breach of contract in any respect, the arguments made by DiMucci about the improper moral juxtaposition of his song and the ad’s content may be harder to argue. The timing of the suit could also be considered suspect. The original trailer aired more than two years ago, and yet DiMucci is only now bringing the matter to court.
Regardless, DiMucci is now demanding a million dollars in compensation, as well as the legal right to have the trailer pulled from the internet.
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