His song ‘She Will Be Loved’ was licensed and he was MoCapped to create his avatar, however Band Hero lets avatars sing other songs, and in other voices.
Yes Levine has taken exception to having his virtual self singing other songs but also because players can swap out voices for the avatars with any other they choose. These 60 other tracks ”would not have been chosen by him for recordings or performances.”
His suit claims that Activision sought permission from other artists to expand the use of their avatars and songs, but not him and they also paid others more.
Levine is suing for fraudulent inducement, breach of contract, violation of the common-law right of publicity, and unfair business acts or practices to which he seeks unspecified damages. Surely Activision has learnt its lesson when dealing with artists by now?
Band Hero released on Xbox 360, PS3 , PS2, DS and Wii in November 2009.
