Dion sues ZeniMax over Fallout 4 ad

Singer-songwriter upset by hit song "The Wanderer" appearing in "repugnant" ad without proper consent

ZeniMax is facing legal trouble over some 2015 commercials for Fallout 4. As reported by The Wrap, singer-songwriter Dion DiMucci has filed suit alleging the company used his hit song "The Wanderer" in ads for the post-apocalyptic role-playing game without proper consent.

While the suit acknowledges that DiMucci--better known by his mononymous stage name Dion--had allowed UMG Recordings to license the song to ZeniMax for Fallout 4 ads, it also claims the singer had a right to prohibit use of the song. The suit says the Fallout 4 ad was objectionable because it "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."

One version of the ad has been embedded above. It is unclear if other, substantially different versions were also released. No version of the ad could be found on Bethesda Softworks' official YouTube channel at the time of this writing.

Had DiMucci been properly consulted before the ads run, the suit says the star would either have used his leverage to have ZeniMax change the commercials or sought a higher price to compensate for whatever damage his image would have taken from the association with "the immoral images in Defendant's scripts."

DiMucci is seeking more than $1 million in damages.

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Latest comments (5)

Chris Payne Managing Director & Founder, Quantum Soup Studios8 months ago
If it was a brand new IP he'd maybe have a case. But it's a bit rich to license the song for 18-rated Fallout 4 and then complain "wait, this game features exactly the same gore and violence as 18-rated Fallout 3. Why did nobody tell me?"
I also like the near-verbatim "Will somebody please think of the children!"
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Murray Lorden Game Designer & Developer, MUZBOZ8 months ago
Surely he has no leg to stand on.
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Aleksi Ranta Category Management Project Manager 8 months ago
Dion should be sued for making me think the article was about Celine Dion.
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Craig Page El Presidente, Awesome Enterprises8 months ago
That's funny, usually when you "ZeniMax " and "lawsuit" in a story it's them suing someone else. Dion's case doesn't sound good (for him), he should really be going after UMG Recordings for (allegedly) not consulting him first.
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Alfonso Sexto Lead Tester, Ubisoft Germany8 months ago
Gotta love the already burned up narrative of "designed to appeal to young consumers" on M-rated products. Because games are only for kids and that musician, for sure, totally knows about it far better than us in the industry. Right?
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