Dion DiMucci singer of the classic pop song “The Wanderer” has filed suit against ZeniMax Media the parent company of Bethesda for the use of his song in the commercials for Fallout 4. The singer is asking for the ads to be put down and for the company to pay for damages. The California lawsuit states DiMucci claims that ZeniMax didn’t abide by his terms when using the songs.
“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.”
In an agreement between both parties DiMucci was given the right to forbid ZeniMax from using his song in the trailer if he did not approve of the content within the commercial. The lawsuit also states that ZeniMax failed to obtain DiMucci’s permission. The singer seems most unsatisfied with the content of the commercial, as he did not like how his song was synchronized with violent imagery.
DiMucci also did not have the chance to ask for script changes in order to remove violent content. If he would’ve had the opportunity to see the commercials before they aired then he would ask if they could portray a “post-apocalyptic struggle for survival without craven violence.” He was denied that opportunity according to the complaint, and now can request damages to be paid as well as the commercials to be taken down.