How To NOT Use A Celebrity Likeness 101

Activision's Guitar Hero5 has only just been released (well, over a week since it's US release, and under a week until its Australian release), and it's already under major fire for one of its big selling points. You see, the game includes a playable version of deceased Nirvana frontman Kurt Cobain, playing along to versions of "Lithium" and "Smells Like Teen Spirit", the latter a huge coup for Activision (since it's the only song from the Nevermind album to not appear in its competitior, MTV's Rock Band), but that's not the point.

The reason for the controversy isn't the fact that the game has a playable version of Kurt Cobain. It's kind of sad enough to think that, especially since this is exactly the kind of thing that Cobain never wanted to happen - being extremely anti-establishment and what not. No, the controversy comes in the way the Cobain character is used in the game. And let me tell you, it ain't pretty.

No, you weren't imaging anything. You DID just see Kurt Cobain acting like Flava Fucking Flav.

So what's the response by Kurt's widow and former Hole frontlady Courtney Love? Well, let me describe it

in her words, from her Twitter account (via Kotaku):

WE are going to sue the shit out of ACtivision we being the Trust the Estate the LLC the various LLCs Cobain Enterprises

She then later goes on to mention that she reportedly didn't want Cobain in the game, though DID sign off on it. I say reportedly because she wrote this on her Twitter, and has it locked off.

Shortly thereafter, Krist Novoselic and Dave Grohl, Cobain's bandmates from Nirvana, actually SUPPORTED Courtney Love in wanting Activision to fix this up, by releasing a statement (again, via Kotaku):

This is a statement regarding Nirvana, Guitar Hero and the likeness of the late Kurt Cobain.

We want people to know that we are dismayed and very disappointed in the way a facsimile of Kurt is used in the Guitar Hero game. The name and likeness of Kurt Cobain are the sole property of his estate - we have no control whatsoever in that area.

While we were aware of Kurt's image being used with two Nirvana songs, we didn't know players have the ability to unlock the character. This feature allows the character to be used with any kind of song the player wants. We urge Activision to do the right thing in "re-locking" Kurt's character so that this won't continue in the future.

It's hard to watch an image of Kurt pantomiming other artists' music alongside cartoon characters. Kurt Cobain wrote songs that hold a lot of meaning to people all over the world. We feel he deserves better.

So while there hasn't been a response from Activision yet, but yet, and I cannot believe I'm saying this, actually kinda agreeing with Courtney Love.

I mean, go back up and rewatch that video. It's Kurt Cobain, frontman of one of the most profilic bands in recent memory, and a staunch anti-conformist, singing a Bon Jovi song, amongst other things. A fucking Bon Jovi song.

Activision and Neversoft should've known better, and realized that maybe, just maybe, that it might be just a tad disrespectful to the legacy of Cobain. Yet you know what the ironic thing is? They actually do know how to show constraint and control when it comes to something like this. It's evident in 2008's Guitar Hero World Tour, wherein people could play as a recreation of iconic guitarist Jimi Hendrix. Unlike any of the other musicians in the game, Hendrix was only playable on tracks that Hendrix actually performed on. It wasn't possible to have him play Van Halen's "Hot For Teacher", for instance. It's also something that was alluded to in the statement by Grohl and Novoselic.

But yet, you really still can't have any sympathy for Courtney Love. I mean, she still would've had to have given her consent and approval for Cobain being in the game, and of course, pocketed from it. It's not the first time she's done it, and I won't be surprised if she's using this as a tactic to get more money. I still don't buy this "I didn't really want him in the game" argument.

Now let's see if the estate of Johnny Cash is going to complain about the same thing...

2009: Have Licesned Games Become Cool?

Let's face it, unless you're one of the many people whom enjoy picking up a sports game ever year with the little things added, or the holders of an IP or a publisher, most people do not look forward to licensed games. Not often because of the license itself, but generally because the game is poor. It's been the same year in and year out for the longest period of time now.

But it looks that as we close out 2009, that publishers and developers are starting to 'get' the fact that just because you have a cool and/or interesting license doesn't mean you can't release a product that doesn't reflect this cool and/or interesting license. Sure, we had a few of those in the form of Star Trek D-A-C, parts 1&2 of Watchmen: The End is Nigh, Terminator Salvation and the recently released GI Joe: The Rise of Cobra, but for everything else? Well, it's generally been pretty good.

The first one that immediately springs to mind is Activision's X-Men Origins: Wolverine. The movie was one of the worst and most disappointing movies of the year. And yet, the game has been even more favourably rated. The Uncaged Edition (i.e. the super, over the top bloody one that was released on the PC, Xbox 360 and PS3) rates around the low to high 70% mark on Metacritic, and around 75-80% on Game Rankings, proving to be one of the more surprisingly good licensed games to be released this year. In fact, the one thing that the game did right better than the movie was that made you feel like you were Wolverine, which is something that really cannot be done with the movie. Oh, and made it bloodier - something that Wolverine fans would've loved.

THQ's UFC 2009: Undisputed is another example of this. Very few people were looking forward to the game before it came out (I was one of them), and then when the demo was released onto the Xbox Live Marketplace and Playstation Network, it blew a lot of people away - even more so since it was a completely different sport to what developer Yuke's (developers of the WWE Smackdown series, also from THQ) were used to. It scored even better than Wolverine, with an average score of 83 and 84% on the Xbox 360 and Playstation 3 from Metacritic, and an average of 83% from Game Rankings.

Hell, even rhythm games have had their fare share of great licensed games. Take Activision's Guitar Hero Metallica for instance, two IP's that are almost synomous with selling out. Average scores? 84-86% on Metacritic and 85-87% on Game Rankings, with many reviewers praising (and rightly so) at just how well Neversoft created an experience ripe for Metallica fans. And while it hasn't been released yet (as of the time of writing), MTV/Harmonix's The Beatles: Rock Band looks set to follow in this trend of an excellent band focused rhythm game.

Though the one biggest recent example would have to be Eidos' Batman: Arkham Aslyum. Eidos are not exactly the most popular publisher with the general gaming populace (one only has to look at the Gerstmann-Gate saga or the reports of managing the scores given by reviewers), and the developer behind it, Rocksteady Studios, had only one other game under their belt - the somewhat underrated (going by reponses to people who've played it) Urban Chaos - Riot Response. And the other factor going into this? There hasn't been an excellent Batman game in years, with people citing Sunsoft's late 80's NES adaptation of the '89 Batman movie or Konami's 1992 and 1994 adaptations of Batman Returns and the Adventures of Batman and Robin as the only really great Batman games. Everything else? Medicore at best, unbelievably awful or cancelled (as was the fate of the planned game based around the Dark Knight movie) at worst.

The response was almost impossible to believe.

Metacritic averages the critical responses at around 91-92%, with Game Rankings averaging it at around 91%. It's nuts. So nuts that the Guinness Book of Records actually NOMINATED the game for a World Record - the Most Critically Acclaimed Super Hero Game Ever. I couldn't be making this up if I tried. Though generally, it does seem quite deserving, as from all accounts - the game is quite excellent. Not perfect, but still one of the better games to be released this year.

This trend could extend somewhat to whatever few major licensed games are left coming out this year. EA's NHL 10, given the last two iterations, should still hold up as being a fantastic game. Another EA product, FIFA 10, also looks to continue the series recent trend of being excellent. I'm also having high hopes for THQ's WWE Smackdown vs Raw 2010. Not only because it's THQ's last year as the publisher of WWE games, but because based on previews so far, it definitely seems like one hell of a game to go out on.

2009 has been one of the more interesting years for video gaming. We're talking about a year where some of the biggest and most interesting games scheduled to come out around this time have been pushed back to avoid conflict with Microsoft's Halo 3: ODST and Activision's Call of Duty: Modern Warfare 2, two games that although will sell ungodly amounts. Though the one trend that I pray carries over into 2010 is this trend of great licensed games. It can be done, which is the one think that everyone has learnt from this year.