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- Mikkamakka
- Rep: 217
Re: Axl Rose Suing Activision / Guitar Hero
I see Axl's point here, it's quite possibly that Activision tricked him. However I'm bloody sure that Axl would have no problem with such a thing, and the use of avatar wouldn't even come into discussion if it wasn't about Slash. Axl just can't accept that Slash played a major part in GN'R's success, and when people hear Jungle, NR or any other old GN'R song, they think of Slash in a second. Hell, some people even associate the CD guitars with Slash. The top-hatted was a vital part, the quintessence of Guns N' Roses, and Axl can't erase him from the sane people's mind. Good luch with HTGTH though.
Re: Axl Rose Suing Activision / Guitar Hero
They have to get Axl's permission to use WTTJ. If a contract was made up stating the conditions for using song were x, y and z and Activision broke any or all of those, they should be sued. Not hard to understand.
yeah... but if it was just a promise by activision, he won`t have much luck with it...
Re: Axl Rose Suing Activision / Guitar Hero
They got permission to use WTTJ, they got permission to use slash's likeness, that is all they needed. It does not matter that a slash avatar is playing WTTJ, they got permission to use the song did they not?
but if axl made it a condition that the song was not to be used in conjunction with ex gnr members in any way then Activision still used slash;s likeness to promote the song then it becomes an issue
depends where publishing rights come into play...if axl soley owns publishing rights then it doesnt matter what slash wrote
depends if this was a verbal agreement or not as well...if axl doesnt have anythign in writing he may be SOL
Re: Axl Rose Suing Activision / Guitar Hero
misterID wrote:They have to get Axl's permission to use WTTJ. If a contract was made up stating the conditions for using song were x, y and z and Activision broke any or all of those, they should be sued. Not hard to understand.
yeah... but if it was just a promise by activision, he won`t have much luck with it...
What I gather is the whole basis of the lawsuit is that he had an agreement/contract with Activision.
It wasn't dismissed by the judge, so I reckon he's got merit.
Re: Axl Rose Suing Activision / Guitar Hero
so, let me get this straight, Slash files 2-3 lawsuits (all Slash lawsuits against Axl were dropped) DIRECTLY against AXL. Axl has filed NO lawsuits directly at Slash...only countersuits when Slash has sued him...yet you guys seem to think Axl has no case here. Hmmmmmmmm....just maybe Activision misrepresented their intentions to Axl....it is a possibility. Why not see how it plays out before casting judgement? The Slash vs Axl lawsuits were DROPPED/DISMISSED by Slash. Axl has not sued Slash...facts....put all the "illusions" and crap aside and look at the record.
It's baseless not because of the Slash stuff, but simply because it comes across as a desperate cash grab.
Simply a lawsuit just to make money, not because there's actual damages.
And I felt the same way about Slash's vindictive, pussy, passive-aggressive lawsuits he and Duff launched against Axl.
- monkeychow
- Rep: 661
Re: Axl Rose Suing Activision / Guitar Hero
Axl has no case here. Slash wrote and plays on WTTJ, he has no right to sue activision.
I think Axl has grounds from the sound of it.
Yes, Slash co-wrote and plays WTTJ, and so from a common-sense perspective and even maybe a "musical-morals", perspective he has every right to be associated with the tune.
But if Axl doesn't want it that way, and if he has say over the publishing rights, and then makes a deal that the song can only be used without pictures of slash - and activision agree and then use pictures of slash - then morals/common sense etc be damned - they're in breach of their agreement.
That's really all it comes down to. Did they promice in a contract not to do something then did it anyway. Axl says they did....so it's not a baseless claim. The fact that it's something that's annoying to fans (trying to minimize slash etc) isn't relevent really. It could be that they promiced not to shower that night then did. Bottom line is his agrement to use the track was conditional on something else not happening and then it happened.
People also seem to forget that he's been quite liberal with allowing Slash to rerecord various songs over the past few years.
Actually the system is set up so that anyone can record a cover of any track at any time, simply by paying a statutory 'license' fee to the songwriter. This means Axl will be paid a mechanical royality for his contribution as a writer to the GNR songs covered on the Slash album - and Slash's label must pay that - but Axl has no ability to stop any band re-recording those songs and releasing them - as long as it's a song that's been previously released before and as long as he gets paid the statutory fee.
That is distinct from something like a featured syncronosation of the song with a commerical or a movie or game which requires explicit agreement from the songwriter (or does in most publishing contracts).
Short version - Axl can stop you using the song in a movie/game etc but he can't stop you (or slash) covering it on a CD.
- dave-gnfnr
- Rep: 16
Re: Axl Rose Suing Activision / Guitar Hero
dave-gnfnr wrote:They got permission to use WTTJ, they got permission to use slash's likeness, that is all they needed. It does not matter that a slash avatar is playing WTTJ, they got permission to use the song did they not?
but if axl made it a condition that the song was not to be used in conjunction with ex gnr members in any way then Activision still used slash;s likeness to promote the song then it becomes an issue
depends where publishing rights come into play...if axl soley owns publishing rights then it doesnt matter what slash wrote
depends if this was a verbal agreement or not as well...if axl doesnt have anythign in writing he may be SOL
Didnt Axl claim it was a verbal agreement and not in writing? If so, its he said she said thing. If Axl does not have it in writing or in audio form, then he has zero case. I also wonder why it took him to so long to file and not right when the game came out.
- monkeychow
- Rep: 661
Re: Axl Rose Suing Activision / Guitar Hero
It's baseless not because of the Slash stuff, but simply because it comes across as a desperate cash grab.
Simply a lawsuit just to make money, not because there's actual damages.
And I felt the same way about Slash's vindictive, pussy, passive-aggressive lawsuits he and Duff launched against Axl.
It depends how you look at things.
Let's say Axl's end game would be to re-brand GNR into a new band with commerical success and respect distinct from the band's legacy.
Now we don't know that is the case. But let's pretend it is for a moment.
And we also know Axl does (or fails to do) a lot of things that us arm chair managers would have him do differently...but if you also ignore that for a minute.
Let's say that's his goal.
Now a whole generation of kids just got exposed to GNR songs for the first time through that game. I mean GH introduced Slash and GNR to people that had not heard it. Kids of today.
Now yes to us it's logical for it to be that way - i mean it's slash's riffs etc
But if your aim is to rebuild the band in a post-slash enviroment....it's devistation - not only is the music/name of the band being promoted as if Slash is still in the band - and there's no sign of the new members - but worse - it doesn't even really show Axl.
So like if old GNR was the Axl/Slash show....Slash is gone....Axl's trying still be GNR....not only do they show slash like he is there - they fail to show Axl - suggesting to this whole new generation of kids that Slash is the sole icon to be associated with those songs.
Think of how the modern world works. It's all image and catchphraes. Our world is like WWE now to me. That's why charlie sheen is winning...lol....but I mean to a generation of kids it makes that song about a dude in a tophat...which it always was...but you and I would know it should be about a dude in a top hat - and an angry man on the mike up front.....hahah
The question would be how to quanitify the damage to a number, but I would say while it's not against common sense, it was against the business aims of Axl's enterprise.
- mickronson
- Rep: 118
Re: Axl Rose Suing Activision / Guitar Hero
So record WTTJ with [insert guitarist name here] and make anyone in future use that as the defacto version of.
