The Romantics have sued Activision over Activision's use of the song "What I Like About You" in the Guitar Hero video game. The complaint alleges that Activision's use of the song violates The Romantic's right of publicity. Interestingly, The Romantics were unable to allege copyright infringement since Activision had obtained a license in accordance with the Copyright Statute to use a reproduction of the song. The case raises interesting issues regarding preemption since Activision's allegations apparently seeks to prevent Activision from exercising its rights under the Copyright Statute. A copy of the complaint is located here: Download g_hero.pdf
