Adam Levine, frontman for the pop band Maroon 5, has sued Activision over the use of his likeness in its 2009 music game Band Hero
, arguing that he did not agree to the way in which he is portrayed in the game.
Levine alleges that he agreed to allow his likeness to be used in a version of Maroon 5 song 'She Will Be Loved' for the game.
However, according to the lawsuit acquired by TheWrap and reported by Reuters, Levine was allegedly not aware
that his likeness could be used in the game to perform a host of other songs as well.
The frontman said that he had not been told that users would be able to make him sing any song available in the game, and that these songs "would not have been chosen by him for recordings or performances."
The lawsuit also noted that users were able to make Levine perform songs that were "including female voices." Allegedly, Activision asked permission from other artists for this feature, but didn't ask Levine himself.
According to the filing, these artists were also paid a higher fee to participate in the game than Levine was. The singer is suing for fraudulent inducement, breach of contract, violation of the common-law right of publicity, and unfair business acts or practices.
After the release of Band Hero
, the band No Doubt also sued Activision
over the use of its virtual in-game avatars, noting that it did not agree to its avatars being able to perform songs by other musical artists.
Although Activision counter-sued
, judges recently refused to dismiss the case
, meaning the band can now proceed with its suit for breach of contract and fraudulent inducement.