Dion DiMucci goes legal with Bethesda over Fallout 4 ad

Singer Dion DiMucci is taking Bethesda to court over the use of his song ‘The Wanderer’ in an ad for Fallout 4.

Kotaku reports that DiMucci believes the game depicts repugnant and morally indefensible images” of violence that offer no redeeming value”. As a result, he has taken exception to the video, saying that the general use agreement he signed with Universal should not have been enough for the song to be used without his personal consent.

He is now seeking $1m in damages and describes that the trailer’s ongoing availability as causing irreparable injury”.

Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. 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,” the court filing reads.

Without Plaintiff’s consent, Defendants dubbed The Wanderer into commercials in which the protagonist, a wanderer, roams from one location to the next, armed and hunting for victims to slaughter. Defendant’s Commercials have no redeeming value, they simply entice young people to buy a videogame by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying.”

The filing adds that DiMucci believes that had he been contacted directly he could have steered the direction of the video toward something more wholesome… or instead been paid more to safeguard himself against the potential loss of goodwill from being associated with the immoral images in Defendant’s scripts”.

Take a look at the video:

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