The latest round in the battle between Activision and the band No Doubt, which centers on the depiction of the group in Band Hero, has gone to the Gwen Stefani-fronted quartet.

No Doubt originally sued the publisher for turning them into a “virtual karaoke circus act,” because of the game’s ability to use the likenesses of rockers while performing the music of other groups. Activision, for its part, countersued, claiming breach of contract and unjust enrichment by the band.
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The American Society of Composers, Authors and Publishers (ASCAP) is targeting at least one operator of a commercial Guitar Hero arcade unit over what it says are unpaid licensing fees associated with operating the game.

The operator in question posted on the Arcade-Museum forums (thanks TechDirt) that ASCAP is demanding an $800 a year license to operate the unit legally. The operator added that, while his place of business does have live musical acts, they are relegated to performing original (i.e. their own) songs in order to circumvent just such a need to pay a royalty fee.

While there might be some confusion on either or both sides if a consumer version of Guitar Hero was being used, it’s rather clear that in this case a commercial arcade unit is at the center of the story, as the site operator indicated he told the ASCAP representative to contact Raw Thrills, a purveyor of arcade units, including Guitar Hero.  Also, the ASCAP rep told the operator that she viewed the Guitar Hero unit as a jukebox of sorts.

ASCAP’s licensing FAQ contains the question “I'm interested in playing music in my restaurant or other business. I know that I need permission for live performances. Do I need permission if I am using only CD's, records, tapes, radio or TV?”

The answer posted on the site:

Yes, you will need permission to play records or tapes in your establishment. Permission for radio and television transmissions in your business is not needed if the performance is by means of public communication of TV or radio transmissions by eating, drinking, retail or certain other establishments of a certain size which use a limited number of speakers or TVs, and if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and there is no admission charge.

We have a request for clarification into ASCAP and will update this story if a response or statement is issued.

Update: AN ASCAP spokesperson told GP, "ASCAP is currently in negotiations with the manufacturer for the commercial use of these machines."

Hot on the heals of the release of Activision's Band Hero, the group No Doubt has filed suit against the game publisher for turning them into a "virtual karaoke circus act."

According to the Los Angeles Times, the suit alleges No Doubt's contract with Activision only allowed the band's likeness to be used in three of its own songs, but in reality the band can be made to sing up to 62 different songs through the game's Character Manipulation feature.

According to the band's manager:

“The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission,” manager Jim Guerinot said today. “They agreed to play three No Doubt songs as a band.... Activision then went and put them in 62 other songs and broke the band up [and] never even asked.”

To which Activision replied:

“Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit.”

The LAT article quotes a lot of back and forth between the band's manager and Activision's official statement. It will be interesting to see how the suit, filed in Los Angeles Superior Court, will pan out.

This isn't the first time Activision's "Hero" franchise of music games has faced controversy. In September, Courtney Love complained of the use of Kurt Cobain's likeness in Guitar Hero 5. While Activision said it had approval from Love to use Cobain's likeness, she later said she never approved the avatar.

While some critics maintain that there is very little connection between playing a real guitar and tapping out note combos on Rock Band or Guitar Hero, a Pennsylvania music instructor would disagree.

The Johnstown Tribune-Democrat interviewed guitar teacher Bo Moore, who claims to have seen a 35% increase in new students over the last two years:

A lot of kids have been getting into [guitar lessons] because of games, especially ‘Guitar Hero. Kids who might never have become interested in learning to play the guitar are now coming to us... The game is a completely different concept from playing a real guitar, but it does help with dexterity in their fingers.

Kids are coming to me wanting to learn to play, which is wonderful... It’s nice that bands like Foghat, the Steve Miller Band and the Rolling Stones are cool again. Kids come here focused and with a game plan.

For guitar players, it’s all about songs like ‘Smoke on the Water’ and ‘Sweet Home Alabama...’ And what’s great about some of those power chords – the garage rock songs – is that they’re relatively easy to play. If that inspires a kid to pick up an instrument, I think it’s great.

Bismarck's KYFR-5 reports that North Dakota's First Lady Mikey Hoeven (sporting the big hair at left) has played a bit of Guitar Hero. And the wife of Gov. John Hoeven (R) isn't bad at Dance Dance Revolution, either.

News of Mrs. Hoeven's gaming chops leaked during an American Heart Association event at the State Capitol. KYFR reports that legislators who gave DDR a try didn't fare nearly as well as the First Lady:

Sen. Dwight Cook knows a thing or two about North Dakota politics, but there was one thing going on at the capitol today that was over his head.

"It's not easy, it`s not easy at all," Cook says.

The response most legislators had after testing out Dance, Dance Revolution... Unfortunately, legislators weren`t so enthused about the high-tech workout.

"Most of them, I think, are a little shy or shy away from it because of the technology, I think they`re afraid like `Oh is this going to move too fast for me?` And `I can`t do this,`" says [gym teacher Tammi] Doppler...

First Lady Mikey Hoeven was among the top scoring in the political sector. But she admits, she had the upper hand as the concept of the game isn`t new because she`s played Guitar Hero.