Activision: Love "signed" Cobain deal

By Robert Purchese Published 11 September, 2009

GH5 spat entices Nirvana statement.

Activision has countered lawsuit threats made by Kurt Cobain's widow Courtney Love over Guitar Hero 5 by holding up a piece of paper with her signature on it.

"Guitar Hero secured the necessary licensing rights from the Cobain estate in a written agreement signed by Courtney Love to use Kurt Cobain's likeness as a fully playable character in Guitar Hero 5," Activision triumphantly told Kotaku.

Love threatened to "sue the s***" out of the GH5 publisher for allowing Kurt Cobain's character to be unlocked and played in combination with any song.

She's not alone in feeling the dead singer's memory has been diminished by this act, as surviving Nirvana band members Krist Novoselic and Dave Grohl issue a concerned joint statement.

"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," they said. "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."

Guitar Hero 5 goes on sale here today.

Picture of Robert.

About Robert Purchese

Bertie is Eurogamer's Senior Staff Writer. When he's not hunting down news stories he's often found playing with his kids or gabbling about fantasy games and strange online worlds.

Read more articles from Robert by visiting the Robert Purchese archive page.

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Comments (68) Latest comment 2 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • DB2k #1 2 years ago

    give over.. its just a game.

  • Shinetop #2 2 years ago

    I don't really get what the big deal is. He's a dead rock star, not a god or something of whom we're not allowed to make for ourselves an idol, whether in the form of anything that is in heaven above, or that is on the earth beneath, or that is in the water under the earth.

  • optimusprym8 #3 2 years ago

    It's not like there's Jonas Brothers' tracks on there, what's the beef?

  • MiniAmin #4 2 years ago

    I'm not being facetious but I do wonder if she was sober at the time. Besides that, I must admit that I jumped on the "She's a crack-groupie" bandwagon. But after seeing This (LMAO). I do think she has a point. I couldn't imagine Kurt Cobain happy about being depicted rapping in a videogame...
    Edited by 1 at 11/09/09 @ 10:37

  • M_of_the_sys #5 2 years ago

    Time to burn effigies of Activision top men?

  • MrNyarlathotep #6 2 years ago

    Just because you CAN do something, doesn't mean you SHOULD do something. If you can't see how YEEEAAAAAH BOYYYYEEEEEE Kurt Cobain might be considered offensive to people who knew him in real life, don't expect to retain that licence for long.

    Or find many people wanting to deal with you in future.
    Edited by 1 at 11/09/09 @ 10:45

  • roz123 #7 2 years ago

    That video MiniAmin posted is just wrong.

  • mcmonkeyplc #8 2 years ago

    What the hell is their problem? She signed the fucking piece of paper. Did she not read the contract? Thick bitch.

  • JonFE #9 2 years ago

    MrNyarlathotep, why should that concern Activision *more* than the people/person/LLC/whatever that sold Cobain's likeness to them?

  • sneetch #10 2 years ago

    Anyone who licences their or someone else's likeness to be used as a fully playable character in a guitar hero game can hardly complain that they use that likeness for a fully playable character in a guitar hero game.

    I wonder how long before John Lennon is seen rapping?

    I couldn't imagine Kurt Cobain happy about being depicted rapping in a videogame...

    I could imagine Kurt Cobain being quite happy about it, he'd be over 40 now and would likely have read the contract himself and understand the terms being used, at worst he'd be a little confused about it all and tell us that we should learn how to play guitar instead.

    I couldn't imagine him being upset about someone using his likeness to play a rap song.

  • ComradePete #11 2 years ago

    That video's great.

    Much better than any of Nirvana's ones.

  • Bigglesworth #12 2 years ago

    Christ, that video is also a sterling example of why stupid generic avatars should stay the fuck out of proper games.

  • XdarXideX #13 2 years ago

    Pff... shut up Krist and Dave... Kurt Cobain isn't the only artist to have written music that holds a lot of meaning to people all over the world. Would they be upset if John Lennon was rapping in a video game with cartoon characters?

    EDIT: Probably should have read all the posts in here *looks a few comments above*
    Edited by 1 at 11/09/09 @ 10:57

  • cianchristopher #14 2 years ago

    HaHa LOL WTF OMG :/ {;)} Yip Yip Yip

    Hardy Boys FRANKLIN W DIXON

  • Meho #15 2 years ago

    What a load of crock... Such snobbery coming from... Love... and Novoselic??? Give me a break..

  • Hypercube #16 2 years ago

    Surely the fault rests with her lawyers? They should have read the contract and spotted that signing it meant whoring out the cadaverous representation of the dead Cobain.

    I don't think she'll be able to sue them, but I reckon that in future, rock stars are going to be a lot more careful about letting themselves get depicted in this sort of game.

    Although I can't wait to see Jimi Hendrix, Jim Morrison and Janis Joplin performing "Touch My Bum" by the Cheeky Girls.

  • kangarootoo #17 2 years ago

    Figured as much.


    @MiniAmin

    That XBLive avatar in the vid you posted was more offensive to my eyes.

  • keyboardmonkey #18 2 years ago

    I'd hate to think this is a fluff story, that was just used to get GH5 more news coverage, especially on the week that The Beatles: Rock Band game was released ;-)

  • sneetch #19 2 years ago

    @Hypercube
    Although I can't wait to see Jimi Hendrix, Jim Morrison and Janis Joplin performing "Touch My Bum" by the Cheeky Girls.

    That will truly be the greatest day in the history of humanity. :D

  • VicViper #20 2 years ago

    I can just imagine the think in the Activiion rep as he held up that paper...

    'In your face bitch!, lolburn!'

    Or something to that effect with a sidenote hoping no one finds out they got her to sign when she was less than fully in control of her faculties.

  • kangarootoo #21 2 years ago

    "but I reckon that in future, rock stars are going to be a lot more careful about letting themselves get depicted in this sort of game."

    Except the dead ones. I don't expect they will be very careful about anything... other than keeping the noise down.

  • Hypercube #22 2 years ago

    Except the dead ones. I don't expect they will be very careful about anything... other than keeping the noise down.

    I dunno - I mean, it's usually the estate of the dead guy who has the control over the rights. And if you start to tarnish said dead star's image and the fans lose interest, it's not like anyone in the estate the deceased has any talent? It's not like Ms Love has any talent left...

    I'd still like to see Michael Jackson doing Slayer's "Reign In Blood"...

  • curtlikesmeat #23 2 years ago

    I've enjoyed this malarky, from the activision "triumphantly" announcing to the YEAHHH BOOOII. Thanks all involved.

  • B0MBJ4CK #24 2 years ago

    Love probably doesn't even have any recollection of signing the bloody contract

  • GreatUncleBaal #25 2 years ago

    I guess the lesson would be to pay closer attention to the small print at the bottom than the line of zeroes at the top.

  • Colin8703 #26 2 years ago

    I don't have a problem with Nirvana's music but Kurt Cobain was a massive junkie who was chronically depressed.

    I will defend Activision from the point of vew that everything regarding what the character does in the game is communicated to the relevant people and written into the deal and is then approved so getting upset at this stage is a little redundent as if they didn't want it, it would not have happened.

    But like DB2K says. It is just a game.

  • kangarootoo #27 2 years ago

    @Hypercube

    I was kind of making a bad joke.

  • schnide #28 2 years ago

    @MrNyarlathotep

    Spot on that man.

  • jonsaan #29 2 years ago

    So why license him for the game in the first place? It's a bit late in the day to shout sellout. They already sold out. It's like there are suddenly degrees of selling out!

    Maybe they saw Beatles Rock Band and realised that they messed up.

  • jaxon58 #30 2 years ago

    The level of 'wrongness' in the dead character performing other songs is in direct proportion to how pretentious they were in real life.
    I can imagine quite a few dead rock stars who wouldn't really give a shit how they were used, and probably find it funny.

  • andywilkie35 #31 2 years ago

    Wahey! Courtney Love in "Silly bitch" shocker!

  • Rpt81 #32 2 years ago

    This whole controversy is a shame really, because Nirvana really are the perfect fit for Guitar Hero. After all, in both cases there are plenty of better Rock Bands out there.

  • B0MBJ4CK #33 2 years ago

    @MiniAmin

    Brilliant Vid!

    There should be a mini game that has you rotating Cobain in his grave to rack up bonus STAR POWER points, YO!

  • OldK1ngCole #34 2 years ago

    Think I'd agree that Kurt would be upset to see his likeness used in this way. When he was alive he was a man who tried to fight the machine on all fronts, in this instance Activision are the machine. Maybe the blame lies with Love with being a complete f**k head, maybe it lies with Activision who could of taken advantage of that fact. Personally I think if Love, Grohl, Novoselic & others really are this dissapointed in the way Activision have used his likeness maybe they should show a bit of compassion and agree some new terms of use.

  • youhavenomail #35 2 years ago

    Imagine if the Bon Jovi lyric that Cobain is seen singing went 'Shot through the HEAD and you're to blame, you give Love a bad name'.

  • cyacomini #36 2 years ago

    They should have Kotick as a playable character with some special DLC

    "If I were a rich man,
    Ya ha deedle deedle, bubba bubba deedle deedle dum.
    All day long I'd biddy biddy bum"

  • OldK1ngCole #37 2 years ago

    Imagine if the Bon Jovi lyric that Cobain is seen singing went 'Shot through the HEAD and you're to blame, you give Love a bad name'.

    NOT EVEN FUNNY

  • Gearskin #38 2 years ago

    This is pretty funny. I suppose there are a bunch of Boxers out there who never fought Ali, pissed off that they can be battered by Ali in Fight Night Round 4? Oh wait... no

  • sneetch #39 2 years ago

    @OldK1ngCole

    Agree to new terms of use? The game has actually been released so it's a bit late for that now, especially as Activision now theoretically have at least some customers who bought the game because you could play as Kurt Cobain.

    If Courtney Love wanted to return the money she had been given then they may have considered removing him but instead she was shouting about "suing the shit" out of them on twitter.
    Edited by 1 at 11/09/09 @ 12:12

  • Retroid #40 2 years ago

    Just lock 'celebs' to their own music. I would've thought that'd be the deal for them anyway!

  • Genji #41 2 years ago

    After seeing MiniAmin's link, I can understand where Love is coming from.

    Yes, she was stupid to have signed the contract, but I don't think she could have envisioned something like *that*. At least it's a good lesson for future rock stars lending their likenesses.

  • ZuluHero #42 2 years ago

    Just lock 'celebs' to their own music. I would've thought that'd be the deal for them anyway!"

    Do you really think that Courtney would understand all the legal mumbo-jumbo written into a contract? And if she did (or got legal representation to 'dumb' it down for her) the cynic in me can't help but feel that she approved all of this and now there is a fan outcry, shes quickly trying to do a U-turn.

  • OldK1ngCole #43 2 years ago

    @ sneetch

    As Retroid has said in the post below yours

    Just lock 'celebs' to their own music. I would've thought that'd be the deal for them anyway!

    It really wouldn't be that difficult for them to patch the game. Like I say they can agree on new terms of use, the music and likeness still remain but the use of said likeness will change. Maybe Love will have to give something back to Activision who knows, but they should be able to find a happy medium I'm sure of it :)

  • Hypercube #44 2 years ago

    @kangarootoo: I know, sorry if I spoiled it :(

    But you also raised an interesting point too. I should have rofled first, gotten serious second!

  • Antaios #45 2 years ago

    Where were these people when Jimi Hendrix and Johnny Cash made appearances in other GH iterations, hm? Haven't they done stuff that's (infinitely more) important to people? Get over it.

  • henza #46 2 years ago

    @ Sneetch

    Well you can make Johnny Cash rap to the Beastie Boys in Guitar Hero 5. Did they ask his estate, and why aren't they pissed off?

    I'm not sure there's that much wrong with this. Seeing as it's been done before. Or maybe it's just too soon after Kurt's death.

    I mean, you can unlock Michael Jackson in Ready 2 Rumble 2 and get another boxer to twat his face in. But he wasn't dead then.

  • etherfiend #47 2 years ago

    So no dead musicians should ever be used then by that rationale? Or to take it an extreme further no songs by dead people should ever be played by avatars!

    I agree with most comments here. It's just a game, so what if Kurt raps or whatever it isn't supposed to mimic reality. That would be Roadie Hero! (http://www. collegehumor.com/video:1797440)

  • IneptPercy #48 2 years ago

    After playing a previous guitar hero games and seeing slash playing songs he didn't originally play... oh wait that doesn't matter.

    Lets be honest the only person we could ask is Kurt and hes not here, so if it was signed they could do this then the blame is with the person who signed it.

    Another thought, would Nitvana be the legends they are now if he didn't shoot himself or would they just have faded like other rockbands of the time?

  • Bru-Man #49 2 years ago

    Obviously Ms Love and Cobain's estate didn't properly realise/understand the implications of what "fully playable" meant. Whether that was a lawyer's fault for not explaining it properly, their fault for not interrogating the contract deeply enough or everyone's fault for not "getting" videogames.
    Either way, if that's what the contract says, they signed it! Unless they want to admit to not being clued-up enough to what they were signing, in which case they could argue it wasn't explained to them properly...
    Anyway, I don't care, don't even like guitar music :)

  • dloob #50 2 years ago

    I imagine Love was too coked up to even read the contract properly.
    I wonder does she even remember signing it.
    Anyway I reckon Kurt isnt too bothered about it at the moment. Hasn't lost the head over it anyway.

  • sneetch #51 2 years ago

    @henza
    @ Sneetch

    Well you can make Johnny Cash rap to the Beastie Boys in Guitar Hero 5. Did they ask his estate, and why aren't they pissed off?

    I'm not sure there's that much wrong with this. Seeing as it's been done before. Or maybe it's just too soon after Kurt's death.

    I'm 100% behind you on that. The people complaining are, apparently, mostly offended for others (Kurt in this case). Which is never a worthwhile endeavour.

    I wonder when Mahatma Gandhi's estate will get in contact over the shocking cartoonish representation of him in the Civilisation games. Watch yourself, Firaxis!
    Edited by 1 at 11/09/09 @ 13:06

  • Bazfrag #52 2 years ago

    "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."

    This X100000000.

  • L0cky #53 2 years ago

    "I'm not sure there's that much wrong with this. Seeing as it's been done before."

    have to call you out on that retarded statement.

  • metalangel #54 2 years ago

    Please let them add "Lift your head up high (and blow your brains out)" by Bloodhound Gang in the first DLC!

  • gjgjg #55 2 years ago

    i dunno whats worse, courtney love in charge of kobain estate (and all that goes with it) or the demeaning use of his image by a games corporation... at least ea are being 'respectful' of the beatles image...

    dont get me wrong its not the end of the world, but it is demeaning when you have an artist parading around like a zombie for a few bucks... (for his zombie wife)... it happens in real life too i guess

  • dloob #56 2 years ago

    Still it could have been worse
    Penny Arcade

  • penhalion #57 2 years ago

    Unless she is some uber gamer does anyone here really think that she had much on an idea what she was agreeing to?

    You may not like her but, some people on this forum are just plain ignorant in their behavoir. I doubt any of you would be so ready to condemn her actions if your dead granny suddenly turned up in a game playing prince songs while you were under the impression that granny would be respectfully portrayed in a rocking chair telling kids stories!

    I don't like Cortney either but, I at least respect her right to be upset at what they have done to the image of her dead husband!

  • sneetch #58 2 years ago

    @penhalion
    Unless she is some uber gamer does anyone here really think that she had much on an idea what she was agreeing to?

    If she was about to sign a contract giving them the rights to use her dead husbands image then I'd think that she and and her lawyers would take great pains to understand exactly what she was agreeing to especially the limitations on use.

  • GamerG #59 2 years ago

    Do you think that Courtney would go for a deal where the character stays locked but she has to pay all the MONIEZ back?

    Thought not..

  • GamerG #60 2 years ago

    @ GhenghisNaan

    I cant for a moment beleive that she and the estate did not have lawyers go over the contract before she signed it, basically she did not understand the implications of what she was being told and how "uncool" it is and now is lashing out because of her own stupidity. She probably thought "well if the Beatles are doing it"...

  • linea #61 2 years ago

    It doesn't make my blood boil, more just a bit uncomfortable but it's not really the fact that he's dead that makes me me feel that it's a bit inappropriate more the tragic and unhappy way he died (and probably that, y'know, he was a teenage hero of mine as well).

    I think I'd feel similarly at seeing Ian Curtis as a playable character in Rock Band.

    Conversely I think if Mario were to string himself up in the new SMB game I'd feel a bit wrong too. Not sure if that's relevant though.....

  • cyber_nicco #62 2 years ago

    This is an incredibly "stupid" issue. If anyone is guilty of sullying Kurt Cobain's memory, it is Ms. Love for selling out to Activision in the first place. Not the game company putting him in it. Cobain seemed to be an anti-commercialism kinda' guy (I never knew him), so his wife turning his image over for exploitation just for the money seems the real crime...

  • Hantheman #63 2 years ago

    Dead people. Serious buisness.

  • IronCladChicken #64 2 years ago

    I'm not sure I understand how having a cartoon version of Kurt singing a couple of Nirvana tracks is okay.
    But having a cartoon version of Kurt singing any other trackc is suddenly a loss of integrity/respect/bad taste?
    From the image he cultivated before his death, were he alive today, he would never have signed with Activision in the first place.

    Seems to me Love is pissed becasue she's now thinking she should have asked for more cash when Activision approached her?

  • FWB #65 2 years ago

    Doubt at the age of 42 Cobain would really give a shit.

    Why on earth Love, the mother of all Cobain pimping, is complaining, I don't know.
    Edited by 1 at 13/09/09 @ 10:37

  • actionfitz #66 2 years ago

    @MiniAmin

    that video pretty much sums it up.
    How can anyone be surprised that Cobains' family and friends are offended by watching something like that?
    "Yeaaaah Boyyeeee!" - I mean what the fuck?!
    You dont have to revere the guy or his music to show a little fuckin respect.
    I think it was stupid to sign up his likeness to be used in a game at all, but i doubt anyone expected them to have him prancing around like a muppet doing stuff that is so completely out of character.
    Whats' next? Michael jackson screaming along to Death Metal biting heads off bats like Ozzy (actually that would be almost awesome... :o )
    Activision really are bottom feeding scumbags.
    They should learn a little tact, rather than brandishing contracts about shouting nah nah nah nah nah!

  • felastica #67 2 years ago

    I guess that means no more Foo Fighters tracks on GH games in future then... cos Grohl is so upset he'll not be able to take any more money from Activision, I'm sure

  • Skorms-Boss #68 2 years ago

    So after reading thru 72 comments lets have a sum up,
    we have an overwhelming vote in the "coked up whore" opinion
    others going along the "he's dead get over it"
    the normal “burn activision” nods
    and some jokes in poor taste about Cobain’s death.

    Chris and Dave, as the surviving members of Nrivana have a say about the use of their songs but Love has the say on Cobain’s image, and seeing as how she started all of this by not reading the small print, she deserves all of the grief she is getting.