Bethesda’s parent company, ZeniMax Media, has been sued by singer Dion DiMucci for using his song The Wanderer in what he calls “repugnant and morally indefensible” ads for Fallout 4. According to California state district court documents, DiMucci claims that both parties had agreed to his right to prohibit the company from using his song if he objected to the ads’ content. However, it appears that ZeniMax failed to consult him.
DiMucci argues that if ZeniMax had negotiated with him prior to releasing the ads, he’d have attempted to persuade the company to change the script to remove the violent parts, and instead, depict “a post-apocalyptic struggle for survival without craven violence.” Alternatively, he says, he could have included in his fee “adequate compensation to safeguard himself against the potential loss of goodwill” resulting from his association with the “immoral” content.
DiMucci now wants the ads taken down, and is demanding $1 million in damages as the ads are still online and “their continued presence is an ongoing irreparable injury to the plaintiff.”
ZeniMax has yet to respond.