real world
Nintendo Responds To Song Swiping Lawsuit
Posted by Michael McWhertor at 9:40 AM on June 26, 2008
Earlier this month, Nintendo of America was on the receiving end of a lawsuit from Hollywood production company Morgan Creek Productions, which alleged copyright infringement over the use of music from the movie True Romance in a TV spot for GameCube game Paper Mario: The Thousand Year Door.
The suit was quickly withdrawn by Morgan Creek... mysteriously!
It's really not that mysterious. According to a statement from Nintendo, the whole thing has been settled, with ad agency Leo Burnett reminding Morgan Creek that it had already entered into a music licensing agreement with the production company. Looks like all that was required was a "Sorry 'bout that!" The full statement follows.
A lawsuit filed by Morgan Creek Productions, Inc. against Nintendo of America was recently dismissed. The lawsuit alleged copyright infringement by Nintendo for its use of the song "You're So Cool" in a Nintendo GameCube television commercial produced by advertising agency Leo Burnett USA, Inc. In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a copy of a music licence entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song. The lawsuit was dismissed by Morgan Creek Productions the following day.
Excellent. Looks like nobody got hurt and the Nintendo war chest looking like it didn't lose a dime.

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
rentahero1
Posted 10:20 AM 26/6/08
@Stormrider: I just bought a new deck off of Amazon not too long ago. Too bad you have to pay extra to get the old card art... the new card art really blows. But it's nice to have a deck that will probably last another 20 years.
rentahero1
Arsenicberyllium
Posted 10:20 AM 26/6/08
@rentahero1: Damn, you figured out my secret.
Arsenicberyllium
hamandcheeseUK
Posted 10:15 AM 26/6/08
That film was awesome, though it kinda sucks that the greatest actor ever plays such a small roll (SLJ)
hamandcheeseUK
Stormrider
Posted 10:15 AM 26/6/08
@rentahero1: Fuck yeah, Mille Bornes! I played that with my dad as a kid all the time. They should make a XBLA version of that to go with all the other card/board games.
Stormrider
rentahero1
Posted 10:14 AM 26/6/08
@Arsenicberyllium: It's not even a Photoshop, it's an MS Paint at that point :P
rentahero1
Arsenicberyllium
Posted 10:13 AM 26/6/08
@BPMλ: I intentionally left the white in. I could have fixed it up, but I felt it looked better as an obvious (lazy) photoshop.
Arsenicberyllium
Stormrider
Posted 10:11 AM 26/6/08
Man, does anybody else find it strange that they brought up a lawsuit last month for an ad that promoted a game that came out almost four years ago? I mean, did they stumble across the ad on Youtube or what?
Stormrider
rentahero1
Posted 10:10 AM 26/6/08
I'm surprised no one else read what was said...
It sounds like Nintendo's ad agency had already licensed the song for use, and Morgan Creek forgot and sued Nintendo.
In other words...
Morgan Creek: I'm going to play the lawsuit card.
Nintendo: Coup Fourré! (Nintendo was a card company, after all... if you don't get it, look up the phrase.) We've got a licensing agreement.
Morgan Creek: Ah darn. You're right. My bad.
rentahero1
wild homes has particularly attractive fries today
Posted 10:09 AM 26/6/08
@BPMλ: I know he doesn't, but he's still the company's largest shareholder. By the way, nice avatar. Cheers!
wild homes has particularly attractive fries today
Antiterra
Posted 10:08 AM 26/6/08
@Klopfer123: A gritty love story which deserved an Academy Award for Best Use of An Electric Blue Bra In A Feature Film.
Oh, Alabama... how you lit up my teenage wasteland!
Antiterra
FunKrusher
Posted 10:04 AM 26/6/08
True Romance rules. If you haven't seen it, don't mind Tarintino-esque violence. I highly recommend that you check it out
FunKrusher
BPMλ
Posted 9:57 AM 26/6/08
So, uh... nothing happened?
@Arsenicberyllium:
Would've looked better if you erased the white around Mario. I give it a 4/10 for effort.
@wild homes has particularly attractive fries today:
Yamauchi doesn't work here, maaaaan.
BPMλ
_MARVKO_
Posted 9:56 AM 26/6/08
AS long as were on the subject, I think True Romance could make an interesting videogame (in the right hands).
_MARVKO_
Klopfer123
Posted 9:53 AM 26/6/08
@feartheraven: It's an awesome film written by Tarrantino (not directed by him).
Although there's violence it's in essence just a really gritty love story.
Klopfer123
EnigmaNemesis
Posted 9:51 AM 26/6/08
Money talks, bullshit walks.
Or so they say.
EnigmaNemesis
Arsenicberyllium
Posted 9:51 AM 26/6/08
Things were going swimmingly, until it came out that Paper Mario actually borrowed assets from Oblivion.
[i82.photobucket.com]
Arsenicberyllium
Neo Deus
Posted 9:49 AM 26/6/08
"In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a discreet manilla envilope, contents unknown. The lawsuit was dismissed by Morgan Creek Productions the following day."
Fix'd.
Neo Deus
(俗・ ) Grey Gecko
Posted 9:47 AM 26/6/08
War without bloodshed it's not war! }=(
(俗・ ) Grey Gecko
wild homes has particularly attractive fries today
Posted 9:47 AM 26/6/08
Please. Yamauchi's making so much money he doesn't even know what to do with it. Pretty soon he's going to greenlight the Virtual Boy 2 just to claim the whole exercise as a tax write-off. Lawsuits? Pssh.
wild homes has particularly attractive fries today
wild homes has particularly attractive fries today
Posted 9:45 AM 26/6/08
NICE. Gary Oldman fucking rules.
wild homes has particularly attractive fries today
feartheraven
Posted 9:43 AM 26/6/08
true romance?
feartheraven
WordMan
Posted 10:46 AM 26/6/08
I haven't killed anyone...since 1984.
Anyways, how idiotic is it to file a lawsuit without doing proper research. Looks like a company that wants to make a fast buck.
WordMan
Diesel_Power
Posted 10:44 AM 26/6/08
You see here Nintendo, we're sittin' down ready to negotiate and you've already given up yo shit!
Diesel_Power
The_Catalpa
Posted 10:33 AM 26/6/08
"He must have thought it was white boy day. It ain't white boy day, is it?"
"No man, It ain't white boy day."
The_Catalpa
silkylove
Posted 10:23 AM 26/6/08
Drexl Spivey was the man.
silkylove
tralfaz23
Posted 11:52 AM 26/6/08
Marty. Y'know what we got here? Motherfukin' Charlie Bronson.
tralfaz23
BPMλ
Posted 12:01 PM 26/6/08
@wild homes has particularly attractive fries today:
Ah, fair enough. Man, wish I had Nintendo stock.
Also, I do crack and heroin. :D
@Arsenicberyllium:
Ah, so that was the intent.
.... 7/10
BPMλ
feartheraven
Posted 12:24 PM 26/6/08
"what's a drexyl?"
feartheraven
eoaa
Posted 1:48 PM 26/6/08
Obviously a case of Morgan Creek saying, hey, this is Nintendo, let's boost our next quarter profits by jumping on the bandwagon.
Profit before commonsense I guess
eoaa
GordieHoweHatTrick
Posted 1:40 PM 26/6/08
Now I know I'm pretty, but I aint as pretty as a couple of titties. Great flick
Yeah, so much for that lawsuit. I didn't even realize the commercial for Thousand Year Door used "You're So Cool" :/
GordieHoweHatTrick
room237
Posted 2:37 PM 26/6/08
You must have thought this was White Boy Day. This ain't White Boy Day, is it?
room237
Klopfer123
Posted 5:41 PM 26/6/08
@Antiterra: Haha, I've never seen someone talking about a magazine article as entertaining since that film. (No offence kotaku, lol)
Klopfer123
Eskil
Posted 5:47 AM 27/6/08
One of my top 3 favorite films, if you havent seen it, its gem. The music is actually inspired by the film music form "Bad lands", One of Tarrantinos favorite films. "-I like you, Clarence. Always have. Always will. "
Eskil
aforest
Posted 2:59 AM 27/6/08
True Romance...Ahh Christian Slater <3
aforest
ViciousViper
Posted 4:54 PM 26/6/08
I tell you who got paid, The lawyers on both sides got paid. Ah oh well. You lose some you lose some.... to lawyers that is.
ViciousViper