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Gopher's Minions

Singer sues 'Fallout 4' publisher over use of a classic song [The Wanderer]


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https://www.engadget.com/amp/2017/07/08/singer-sues-fallout-4-publisher/

Don't know how I feel about this. To my mind it's the responsibility of the company licensing the songs (the company Bethesda bought the license from) to account for all the strange riders and conditions, not the person or company buying the license. Oh well, Bethesda / Zenimax will probably just retask a couple of the Oculus suit lawyers to cover this one...

Gopher better watch out, though. Dion DiMucci is coming after him next, for using this music as the opening for his videos!

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Now this reminds me of a certain composer who is false claiming youtube videos because of a dispute with a publisher...  Its one for the lawyers.

Actually, having skimmed the article the guy may have a case, but why now? Games been out for 2 years.

Edited by Goatcha
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He wants the ads to be taken down, as he doesnt agree with the 'violence as a sport'. He doesnt mind that his song is being used in the game itself as Zenimax had a license for that.

Gopher uses about 10 seconds of the song for a non-violent intro(it shows a vaultdoor), so I dont think he has to worry about anything.

 

As for that other case, go on Youtube and search 'Leonard French', he is a copyright lawyer who makes video's on Youtube who actually represents Imago Studio's. Cant get closer to the source.

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12 hours ago, PSquared said:

https://www.engadget.com/amp/2017/07/08/singer-sues-fallout-4-publisher/

Don't know how I feel about this. To my mind it's the responsibility of the company licensing the songs (the company Bethesda bought the license from) to account for all the strange riders and conditions, not the person or company buying the license. Oh well, Bethesda / Zenimax will probably just retask a couple of the Oculus suit lawyers to cover this one...

Gopher better watch out, though. Dion DiMucci is coming after him next, for using this music as the opening for his videos!

 

11 hours ago, Sup3rNo7a said:

Yeah, Gopher's the first thing I thought of when I saw that story the other day. He might want to consider omitting that song from his intro's for the near future, unfortunately.

 

1 hour ago, Nailcake said:

He wants the ads to be taken down, as he doesnt agree with the 'violence as a sport'. He doesnt mind that his song is being used in the game itself as Zenimax had a license for that.

Gopher uses about 10 seconds of the song for a non-violent intro(it shows a vaultdoor), so I dont think he has to worry about anything.

 

As for that other case, go on Youtube and search 'Leonard French', he is a copyright lawyer who makes video's on Youtube who actually represents Imago Studio's. Cant get closer to the source.

Gopher's use is most likely "Fair Use." His clip is so short that it only plays a small bit of the song. In addition, Gopher's videos are educational. Third, he is not in competition with any song writers.

I have some 60 copyrighted songs and they have been used in commercials and for introductions on the radio. That is Fair Use. Why? Because they only use a small clip of the song. The new Bethesda ads are borderline because they use a longer clip for commercial purposes which apparently violate the licensing contract... much more complicated legal point.

For Bethesda, even if it is Fair Use, it may still be a contract violation.

Edited by Cryzeteur
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Well I guess thank you Disney is in order for extending copyright out to absurd lengths. 55 years after the song came out seriously. Plus the add had very little of the content claimed to offend in it. Ah well what can you do where ever there's a buck to be made there will be lawyers and lawsuits. 

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