Fallout 4’s ZeniMax Media Gets Sued Over Using 1960’s Tune ‘The Wanderer’ in Commercials

Fallout 4’s ZeniMax Media Gets Sued Over Using 1960’s Tune ‘The Wanderer’ in Commercials

Bathesda's parent company ZeniMax Media obtained licensing rights for the song's use in Fallout 4 ads, but apparently didn't completely follow the contract.

You might recall the Fallout 4 advertisements that came out ahead of the game’s release that featured Dion DiMucci’s 1961 classic song The Wanderer. Well, it turns out that developer Bethesda’s parent company ZeniMax Media is getting sued by the singer/songwriter because he isn’t so happy about how the song was used.

This news, originally reported by The Wrap, indicates that although ZeniMax Media had obtained licensing rights for the song from UMG Recordings to be used in the Fallout 4 commercials, one part of the agreement was not quite adhered to perfectly. Under the agreement, DiMucci had the right to bargain for better payment separately and to prohibit the use of the song in the event that his terms were not met. ZeniMax’s failure to allow DiMucci to sign off on the advertisements before airing seems to have landed them in this debacle.

According to the lawsuit, DiMucci disagrees with the level of violence shown in the commercial.

“Defendant’s Commercials were objectionable because they 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.”

DiMucci claims that since ZeniMax never provided to him advance screening of the commercials before they ran, he was unable to ask that they be altered to “change the scripts so that, for instance, they instead told the story of a post-apocalyptic struggle for survival without craven violence.” The lawsuit continues by saying that DiMucci also “could have priced into his fee adequate compensation to safeguard himself against the potential loss of goodwill from being associated with the immoral images in Defendant’s scripts.”

The lawsuit is currently seeking damages “in excess of $1 million” from ZeniMax Media for this affair. In case you needed a refresher, you can find a Fallout 4 commercial that aired containing DiMucci’s The Wanderer.