It just never ends, does it? In response to No Doubt’s lawsuit over becoming a “virtual karaoke” act in Band Hero (which in turn followed similar noises from Courtney Love regarding Kurt Cobain’s image in Guitar Hero 5), The Hollywood Reporter is, uh, reporting that Activision has whipped up a counterclaim against the ska-pop band.
In the filing, Activision responds to many of No Doubt’s allegations by noting that “it has been publicly known that certain users of ‘Guitar Hero’ videogames are able to ‘unlock’ in-game characters and can then choose to play songs performed by other artists using ‘unlocked’ characters.”
But it goes further than defense; later in the filing Activision goes on the attack, asking for monetary damages thanks to the following:
No Doubt also agreed to provide services, including marketing services, to promote the ‘Band Hero’ videogame. Even though Activision fully paid No Doubt under the parties’ contract, No Doubt failed and refused to perform the services No Doubt had agreed to provide … No Doubt has been unjustly enriched and should be required to disgorge all benefits it wrongfully received.
Feel free to look over the entire filing in this PDF obtained by the Hollywood Reporter. It’s a riveting — OK, interesting — read, especially the attached contract, which lays out the band’s responsibilities in marketing the game, like this one:
Artist shall provide two (2) recorded video ’shout-outs’ (e.g., ‘Hi, this is No Doubt and we’re in the new Band Hero game’), subject to Artist’s scheduling demands and subject to Artist’s review and approval of the
contents of such ’shout outs’.
It’s a rare and interesting look into the carefully-crafted marketing plans of big-name games like this one.
[Read, via @RockBandAide]