A Detroit rock band called the Romantics has filed a lawsuit against Activision, publisher of the popular video game Guitar Hero, claiming that a cover version of the band’s hit “What I Like About You” is exceedingly similar to the original.
Detroit rock band the Romantics filed a lawsuit against California-based Activision Tuesday in U.S. District Court in Detroit. The complaint asserts that the Guitar Hero publisher infringes the group's rights with its sound-alike recording of the Romantics’ “What I Like About You,” which appears in “Guitar Hero Encore: Rocks the 80s.”
The suit seeks unspecified damages for use of the sound-alike recording, as well as an injunction against the game. This could lead to the game being taken off store shelves at a most critical time – the holiday season.
The band’s song is one of about 30 tracks featured on “Guitar Hero Encore: Rocks the 80s,” released in July for Sony PlayStation video game consoles. Activision used original recordings and cover versions for its Guitar Hero series, which allows users to play along (or at least try to) with a guitar-shaped controller.
Interestingly enough, copyright is not the issue here, as Activision apparently took the necessary steps in receiving permission to use the song “What I Like About You” and record a cover version. The final product however was allegedly a surprise for the Romantics.
The band’s attorneys told the Detroit Free Press that Activision properly secured permission to use the 1980 song however, the cover version imitates the original so well that the California-based company infringed on the group's rights to its own likeness.
Also named in the suit is the San Francisco music firm Wavegroup Sound, which recorded the Romantics’ song for the game.
“It's a very good imitation, and that's our objection,” said Troy attorney William Horton, as quoted by the DFP. “Even the guys in the band said, 'Wow, that's not us, but it sure sounds like us.'”
Horton commented that Activision should have secured a master license for the band’s original 1980 recording, and then paid the appropriate royalties.
The Romantics formed in the late 1970s and enjoyed success within a few years; “What I Like About You” was a single off the band’s first album, titled “The Romantics” and released in 1980. The band has remained active throughout the decades, releasing their most recent album, “61/49,” in 2003.
Guitar Hero was released in late 2005 in the United States and enjoyed great success, spawning within the next couple of years the sequels “Guitar Hero II,” “Guitar Hero Encore: Rocks the 80s,” and “Guitar Hero III: Legends of Rock.”
Other acts to have their songs from the 1980s included on “Guitar Hero Encore: Rocks the 80s,” either as originals or cover versions, are Poison, A Flock of Seagulls, Twisted Sister, Scorpions, The Police and Iron Maiden, among others.