Fallout 4's live-action advertising was everywhere back when the game released in 2015. The song that featured, titled 'The Wanderer,' got stuck in my head, and I'm sure I'm not alone. However, the song's singer, Dion DiMucci, isn't too happy about how ZeniMax Media used his song in the ads—and he's suing the company for a million dollars.
Court documents obtained by Polygon reveal that DiMucci claims ZeniMax neglected his terms for using the song in marketing. DiMucci asserts that a contract that was agreed on by both parties stated that he had right of refusal and the right to bargain for a licensing fee. The court documents say ZeniMax didn't comply to either of these terms, which is why DiMucci is now seeking damages.
As for why DiMucci has a problem with the ad (seen in the video above), it's quite simple: the ad, which the plaintiff calls "repugnant and morally indefensible," portrays homicide in an "appealing" way.
"Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport," the court documents read. "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 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 by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying."
Despite DiMucci's negative reaction, the documents note that he wouldn't have rejected the use of the song entirely. Had he been allowed to view the commercials prior to their air time, DiMucci would have asked they focus on "post-apocalyptic struggle for survival without craven violence."
DiMucci is seeking the removal of the ads and, as mentioned earlier, a million dollars in financial damages. You can read the full court documents over on Polygon.
We've asked ZeniMax Media for comment on the situation and will update his article if we hear back.
