Unfortunately for the developers at Bethesda Game Studios, Fallout 4 is once again facing legal action. Popular 60s singer/songwriter, Dion DiMucci, is taking ZeniMax Media to court over the use of his song The Wanderer to promote and sell the game.
According to the lawsuit, Dion was particularly turned off by the Fallout 4 advertisements which the suits calls repugnant. Dion called the ads, “objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers.”
Where things get a little less clear is in regards to the actual consent. According to court documents, DiMucci and UMG Recordings entered an agreement to license the song to be used in Fallout 4 commercials. However, DiMucci was then supposed to be able to bargain with ZeniMax for a better rate or completely pull the license if he didn’t like the way the song was being used.
In this case, Dion claims he was never contacted and wasn’t aware that his song was even being used until after seeing the ads in public. Had the license agreement been followed, Dion would have refused consent in an effort to re-negotiate for a higher sum to counteract the negative association he saw with the ads or perhaps persuade ZeniMax to use the ads to instead depict a different story of survival without the use of violence.
The timing of this lawsuit is a bit strange as the ads and promotions for Fallout 4 originally ran two years ago and the game itself hasn’t been in the limelight now for some time. Still, at the time of this writing, ZeniMax Media has yet to comment regarding the suit and its side of the story.
Fallout 4 is available now on Xbox One, PlayStation 4, and PC.
Source: The Wrap