No Doubt v. Activision Publishing, Inc.

192 Cal. App. 4th 1018 (2011)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

No Doubt v. Activision Publishing, Inc.

California Court of Appeal
192 Cal. App. 4th 1018 (2011)

  • Written by Alexander Hager-DeMyer, JD

Facts

Activision Publishing, Inc. (Activision) (defendant) was a video-game distributor and the creator and owner of the Band Hero video game. The game allowed players to simulate performing popular songs as part of a rock band. Players would choose from a number of avatars and perform as drummers, guitarists, or singers. Some of the avatars were fictional characters created by Activision, but other avatars that were representations of actual musicians could be unlocked. As these avatars, players could perform any number of songs in a wide variety of fantastic settings including Paris, Madrid, or outer space. Avatars could also be used to perform opposite-gender vocals. No Doubt, a famous rock band, entered a licensing agreement with Activision and permitted Activision to use the band members’ likenesses and songs in the Band Hero game. The agreement allowed Activision to use up to three No Doubt songs and the band members’ likenesses in promotional materials and within the games, subject to No Doubt’s approval of each use. When the game came out, No Doubt learned that its avatars could be unlocked and forced to perform songs that the band would never have performed, including those with opposite-gendered vocals. No Doubt complained to Activision that the band was not informed about the members’ likenesses’ being used for anything more than performing the No Doubt songs included in the game. No Doubt demanded that Activision block players’ ability to unlock the band’s avatars. Activision refused, and No Doubt filed suit for violation of its right of publicity, arguing that Activision used the members’ likenesses in a manner outside the scope of their licensing agreement. Activision filed a motion to strike, arguing that its use of the band members’ likenesses was protected by the First Amendment. The trial court denied the motion, and Activision appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Willhite, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership