Remember the excellent Fallout 4 cinematic ads that were everywhere around the time its late-2015 release? They captured the mood of the post-apocalyptic game perfectly, especially through the use of Dion DiMucci's 1961 hit “The Wanderer.” But it seems the singer didn’t approve of his music appearing in the commercials, which he calls “repugnant,” and is suing Bethesda parent company ZeniMax over its use.
In a recent filing made with a California court, DiMucci claims his agreement with record label Universal Music Group allows him the right of refusal and the right to bargain for a licensing fee when his track is used for marketing purposes. The singer says this never happened in the case of the Fallout 4 ads, and that he wouldn’t have allowed his music to be used because they feature “repugnant and morally indefensible images.”
"Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport," the court documents read. "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."
DiMucci says if he had seen the commercials before they aired, he would have tried to change their direction to focus on a "post-apocalyptic struggle for survival without craven violence."
The singer is seeking $1 million in damages From ZeniMax and wants the ads removed from YouTube, where “their continued presence is an ongoing irreparable injury.”
ZeniMax is no stranger to a courtroom. Despite winning $500 million in its lawsuit against Oculus VR earlier this year, that particular legal battle is still ongoing. It’s also being sued for $22.5 million by Id Software co-founder John Carmack and is suing Samsung over the use of Oculus technology in the Gear VR headset.