Zenimax, the parent company of Bethesda, is being sued by music artist Dion DiMucci in excess of $1 million for damages regarding using DiMucci's song "The Wanderer" in a trailer for Fallout 4.
Gamespot is reporting that Dion DiMucci took objection to the trailer where the song was being used, because he claimed that the trailer ad features "objectionable" material such as "repeated homicides" in a dystopian landscape. According to DiMucci, the violence in Fallout 4 is "glorified as sport" instead of being used as a means to protect innocent people.
The suit against Zenimax claims that the trailer featuring his song contains "repugnant" and "morally indefensible images"that are pretty much designed to be catchy and enticing for younger members of the gaming audience.
The contract that Dion DiMucci agreed to came through the Universal Music Group record label, and it was stated that he had the right to prohibit the use of his song in Fallout 4 unless his terms were met first. The article recounts how Zenimax and Universal supposedly worked out a deal and Zenimax obtained permission through Universal, but didn't directly get permission from DiMucci.
According to the artist,if he had known beforehand that the game would be the way that it is and the trailer was going to depict survival in the way that it does, he would have priced the fee for "adequate compensation" against potential "loss of goodwill" from "immoral images".
You can see the trailer in question below to determine just how "violent" and "repugnant" the actual violence is, courtesy of the PlayStation YouTube channel.
There are a couple of things worth noting. The trailer does depict violence, but the only thing we see actually get killed is a giant mutated cockroach. The main protagonist also fires off shots at mutants while Dogmeat goes in for attack -- the mutants fire back but both sides clearly miss each other.
Technically, there's no actual death present in the trailer where the song is used, other than the giant mutated cockroach, who is killed wantonly as the main character walks by the dilapidated buildings.
What's more is that the trailer originally aired a month before Fallout 4 actually released on PC, PS4 and Xbox One, so we're talking about October 15th, 2015... two whole years ago. Some people are questioning exactly what took so long for the lawsuit to pop up given that the trailer has been out for a while.
Dion DiMucci basically wants recompense in damages exceeding $1 million. Given how litigious Zenimax can be regarding these kind of matters, it will be interesting to see how it seeks to resolve this matter. Some thing that Zenimax may have been in the wrong if it never discussed the terms with DiMucci, while others believe Zenimax may be in the right if the original contract stated that it didn't need actual permission from DiMucci to use the song in the Fallout 4 trailer.