Singer Dion DiMucci is filing a lawsuit against Bethesda’s parent company, ZeniMax, for how his ’60s pop hit ‘The Wanderer’ is portrayed in Fallout 4 live action ads. According to a report from Polygon, DiMucci is demanding $1 million in damages and for ZeniMax to remove his song from said commercials.
Polygon obtained California state district court documents, where DiMucci claims ZeniMax did not abide by his terms for the song’s portrayal in the ads, which he describes as “repugnant and morally indefensible.”
According to the court files, DiMucci stance is that the “defendant’s commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport.” DiMucci believes this clashes with what his song is truly about: isolation and coming of age. You can view the trailer in question below.
The contract agreed by both parties mentions that DiMucci had a right to refuse ZeniMax and Bethesda from using ‘The Wandereer’ in commercials if he disagreed with how his song was portrayed. Additionally, he was also allowed to bargain with the company about a licensing fee.
However, according to DiMucci, ZeniMax failed to meet these terms, which is what led him to file suit. The documents also note that if DiMucci had the chance to look over the ads before airing, he would have suggested a change in tone for the commercials so they instead present a “post-apocalyptic struggle for survival without craven violence.”
If ZeniMax refused to meet contract terms, then it’s understandable how DiMucci would want to file suit, however some of his claims seem like a stretch. While the live-action trailer portrays shooting at enemies, it isn’t as overtly violent as some other video game trailers. Hopefully a settlement can be figured out outside of court, otherwise lawsuits like these can be long and strenuous for all parties.