Fallout 4
"Fallout 4 The Wanderer" trailer YouTube/Bethesda Softworks

Everyone is excited for “Fallout 4” which recently has been coming out with intriguing teasers in preparation for the release. A big part of the campaign is the release a commercial featuring “The Wanderer,” which is a classic pop song from the 60s. It is quite ironic to see an old song in a new game and the song’s writer is not too happy about this.

Singer Dion DiMucci, who is best known for hits that include “The Wanderer” and “Runaround Sue,” is taking “Fallout 4’s” parent company Bethesda to court because one of the commercials used his songs. The commercial is one where DiMucci’s “The Wanderer” plays on top of cinematic sequences of the game.

DiMucci had signed a general agreement with Universal for his song to be used in situations such as this, but he claims that the contract also had a clause that said that the track could not be played without separately bargaining with him and gaining his personal approval. Kotaku reports that he also claims that such personal approval was never sought by the game developer and he was quite disturbed that the commercial featured morally indefensible images which he would never agree to have his song used in.

Polygon says that the contract was clear that DiMucci had a right of refusal for the commercials and this gives him the right to bar Bethesda from using his song if he did not approve of the situation where it was going to be used in. He has also been entitled to bargain with the company about a licensing fee. After Bethesda failed to comply with the terms thereof, this provoked DiMucci to sue.

The court notes that it is the content of the ads that DiMucci feel most frustrated with. He was very displeased with how his masterpiece was used to highlight the violent and mutant-filled landscapes of “Fallout 4.” Had DiMucci been able to look over the commercials before they aired, he would have asked them to focus on the post apocalyptic struggle for survival without unnecessary violence. Since he was not given such opportunity to reject the ads and how it applies to the situation, he claims to be entitled to damages and to have them taken down.