'Fallout 4' news: Bethesda's parent company ZeniMax sued over use of song in commercial

A screenshot from "Fallout 4." Bethesda Softworks

Dion DiMucci, the singer of "The Wanderer," has filed a lawsuit against ZeniMax, the parent company of Bethesda Game Studios, over a song used in commercials for the action role-playing game "Fallout 4."

According to Polygon, DiMucci has claimed that ZeniMax didn't consult with him when they used his song in their live-action trailers for "Fallout 4." He didn't approve of how his song was being represented in the game's commercials which showed a soldier roaming a dystopian landscape, shooting and killing people.

It was due to this negative representation of the song that DiMucci decided to sue ZeniMax and ask for $1 million in damages. He also requested them to take down his song from the "Fallout 4" commercials.

DiMucci has said that he has right of refusal just in case he does not approve of the content that used his song. His complaint stated:

"Without Plaintiff's consent, Defendants dubbed 'The Wanderer' into commercials in which the protagonist, a wanderer, roams from one location to the next, armed and hunting for victims to slaughter. Defendant's Commercials have no redeeming value, they simply entice young people to buy a videogame [sic] by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying."

The singer revealed that he wasn't asked to review the "Fallout 4" commercials. If he had looked at it, he would have advised ZeniMax to take the post-apocalyptic storyline to another direction. That direction would have been the struggle for survival without violence.

The protagonist of "Fallout 4" is the sole survivor of Vault 111. He emerges 210 years into the future after the Great War and this is where his journey begins.

"Fallout 4" was released in 2015 and is available on Microsoft Windows, PlayStation 4 and Xbox One platforms. It is the fifth major installment in the "Fallout" series.

ZeniMax has been contacted for comment. Expect more reports as the situation unfolds.

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