Bethesda’s parent company ZeniMax is being sued. Musician Dion DiMucci isn’t happy about how his 1961 song “The Wanderer” was used in Fallout 4’s promotional material.
“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,” the lawsuit continued.
The advert can be seen below:
Dion didn’t directly make the agreement to license the song with ZeniMax – that was handled by record label UMG Recordings. But he could bargain for a better rate if he wasn’t satisfied with how his song was being used.
According to the lawsuit, Dion claims that ZeniMax never reached out to him, and he didn’t know his song was going to be used until after the ads ran.
Had they contacted him, he would have persuaded ZeniMax “to change the scripts so that, for instance, they instead told the story of a post-apocalyptic struggle for survival without craven violence.” Either that, or he would have renegotiated a higher licensing fee to “safeguard himself against the potential loss of goodwill from being associated with [those] immoral images.”
Dion is seeking over $1M USD in general damages. ZeniMax have yet to comment.