Fallout 4: Being Sued Due to ‘Misuse’ of the Song The Wanderer

The commercials for Fallout 4 have been out for what feels like forever, especially given the fact that the game was released in 2015. This places the commercials for the hit dystopian game at around 2 years ago, and they were hit for Fallout fans when they arrived. That said, the singer Dion DiMucci for the classic pop tune “The Wanderer” has decided he doesn’t quite like how Bethesda has used his song – and is suing for a million dollars in damages.

New district court documents in California have been released showing that DiMucci calls out ZeniMax Media, the parent company of Fallout makers Bethesda. In it, he seems to believe that the company has used the song in trailers that are “repugnant and morally indefensible.”

Admittedly, a contract was agreed upon by both parties that stipulated that DiMucci had the right to refuse his song being used if he didn’t like the content it was being depicted in. The artist was also given the right to bargain with the company about any sort of licensing fee. Due to ZeniMax not participating in any part of these terms, DiMucci has decided to file this suit.

He claims that it is the content of the trailers that has him offended, stating that his song was used to highlight Fallout 4’s violent landscape. Describing the ads as such:

“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.”

Dion described his own musical work as follows, detailing why it wasn’t a correct fit:

“In The Wanderer, Dion gives life to the story of a sad young man who wanders from town to town, not having found himself or the capacity for an enduring relationship. The song describes isolation during coming of age. 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 [sic] by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying.”

The document also details how, if given the chance to look at the trailer, he would have requested them to focus on the struggle for survival as opposed to a world of violence. Since he wasn’t given a chance to reject the ads, he is now entitled to both financial damages and the commercial should be taken offline.

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