Namco America, parent company Namco Ltd. and Sony BMG Music Entertainment have announced that the companies have settled a complaint filed by Namco alleging that sounds from its video game Pac-Man were used in the song of a Sony BMG artist. The terms of the settlement were not revealed.
The amicable resolution of this matter follows Namco's action in the United States District Court, Southern District of New York. The hit song cited was "Game Over," by Sony BMG recording artist Lil' Flip from his album U Gotta Feel Me, which received frequent airplay and MTV video showings in recent months.
Although the joint press release does not specifically mention that the suit was settled in Namco's favor, earlier public comments from Lil' Flip to Sixshot Magazine suggesting: "I really didn't want to do [the track initially] because there was a track like that already out with a Pac-Man sample" shows awareness that 'Game Over' uses sound effect samples from the classic 1979 Toru Iwatani-designed game. Therefore, it seems likely that there was a financial settlement in Namco's favor for unauthorized use of the samples.
Sony BMG and Namco issued the following joint statement, "Namco and Sony BMG are pleased to have resolved this matter and we look forward to continuing our business relationship in the spirit of our mutual respect for intellectual property."