Caffeine Freak Posted September 29, 2019 (edited) https://www.pcgamer.com/amp/duke-nukem-3d-composer-sues-randy-pitchford-gearbox-and-valve/ Quote Composer Bobby Prince, who wrote music for Doom, Doom 2, Wolfenstein 3D and Duke Nukem 3D, has filed a lawsuit against Gearbox Software, the company's chief executive Randy Pitchford, and Valve, claiming that his music was used in 2016 shooter Duke Nukem 3D: 20th Anniversary World Tour without his permission, and without him receiving compensation. In a document submitted to U.S. District Court — Eastern District of Tennessee, Prince's attorneys described how 16 songs he wrote were used in 1996 shooter Duke Nukem 3D under an agreement with developer Apogee. "Apogee had a limited right to use Mr. Prince’s music in Duke Nukem 3D in exchange for a royalty equal to $1 per unit sold," they said. Prince had registered the copyrights for the songs. Gearbox Software purchased certain rights to the Duke Nukem games from Apogee in 2010. Prince claimed the company went on to use his music in Duke Nukem 3D: 20th Anniversary World Tour, the 2016 update to the shooter, without his permission. "The electronic files for the music within Duke Nukem 3D World Tour include text specifically stating that Mr Prince owns the copyright to the music and has reserved all rights to the music’s use," the court document read. "Yet Gearbox incorporated the music into the game without ever contacting Mr Prince and without clearing the rights expressly mentioned in the electronic files." Furthermore, Prince claimed he contacted Randy Pitchford requesting royalties for the music in the 2016 game, and was told he would be "taken care of", but never received any money. Pitchford also "refused to remove the music from the game", Prince's attorneys said. I never would have thought he had a contract with Apogee where he made $1 per unit sold of DN3D. That's a hell of a deal. Edited September 30, 2019 by Caffeine Freak 29 Share this post Link to post
Reisal Posted September 30, 2019 If possible, rip Randy to shreds in the legal battle! 17 Share this post Link to post
Doomkid Posted September 30, 2019 I always wondered about stuff like this. I assumed that once the rights to a game were sold, that included the assets such a graphics, sound and music, but I guess it depends based on whatever contractal agreements they decided on. The thought of various assets all having to be bought and sold individually is really weird, but if they weren’t legally allowed to reuse these songs in modern rereleases and did anyway, they simply fucked up. $1 per unit is an excellent deal, by the way. Surely you’d think it would have been a percentage of each sale - if it’s down to 3 bucks on sale, Bobby still gets 1/3rd?! lol this whole agreement seems like it was kinda dumb if that’s accurate but I certainly don’t blame prince for taking that offer! I know I would have! 14 Share this post Link to post
Chezza Posted September 30, 2019 When it comes to bypassing laws to use "inspired" music, Bobby Prince is the master. Steal his ideas, not his music. I'm no fan of Randy Pitchford, I'm not surprised he would do something like this. I hope Bobby Prince wins. 7 Share this post Link to post
Graf Zahl Posted September 30, 2019 1 hour ago, Doomkid said: I always wondered about stuff like this. I assumed that once the rights to a game were sold, that included the assets such a graphics, sound and music, but I guess it depends based on whatever contractal agreements they decided on. It indeed depends on the contract. If the contract says "$1 per unit sold" that will also apply to all re-releases, unless renegotiated. Normally with such things the publisher obtains unlimited usage rights with the released title - in that case they'd be clear- but if it's royalties per sale, things are very different. It's not that they cannot use the music - but they have to do it under the terms of the original contract. 4 Share this post Link to post
Gez Posted September 30, 2019 I wonder if there's the same deal with Doom. After all, the PSX/N64 soundtrack by Aubrey Hodges is because Williams/Midway didn't accept Prince's conditions. 2 Share this post Link to post
seed Posted September 30, 2019 (edited) So Randy fucked up once again? My my, how surprising (not). Wasn't there another voice actor who recently claimed (and also filed a lawsuit? Can't remember the details) that Gearbox gave him no money for his work in Borderlands? Hope Bobby wins this. And yes, afaik the contractual obligations from back then still stand even after Gearbox's acquisition of the assets, unless of course the terms are re-negotiated. Zero surprise GB never contacted Bobby. 0 Share this post Link to post
Cacodemon345 Posted September 30, 2019 I better hope Gearbox doesn't spend fucktons of money as a way out of this legal battle though. 0 Share this post Link to post
Caffeine Freak Posted September 30, 2019 4 hours ago, Doomkid said: $1 per unit is an excellent deal, by the way. Surely you’d think it would have been a percentage of each sale - if it’s down to 3 bucks on sale, Bobby still gets 1/3rd?! lol this whole agreement seems like it was kinda dumb if that’s accurate but I certainly don’t blame prince for taking that offer! I know I would have! To be fair, back in 1996 I doubt any of them (including Prince) envisioned a future selection of online stores that would forever preserve the legacy of older games. They probably signed that contract on the assumption that, like most of the games in the decades prior to that point, DN3D would someday be obsolete and nearly impossible to obtain. 4 Share this post Link to post
Graf Zahl Posted September 30, 2019 Actually, this was probably a low-risk investment for 3DRealms back then. If the game flopped, they wouldn't have to pay much, in that case an one-time up-front payment for the music would have been far more risky. Of course such deals can become a problem if the title becomes really successful. But then, had I been the producer I would never have accepted such terms and looked for cheaper talent. 1 Share this post Link to post
Doom_Dude Posted September 30, 2019 (edited) 3 hours ago, seed said: So Randy fucked up once again? My my, how surprising (not). Wasn't there another voice actor who recently claimed (and also filed a lawsuit? Can't remember the details) that Gearbox gave him no money for his work in Borderlands? Yeah, that was the guy who did the voice work for Claptrap. He also said Randy assaulted him. I forget what happened after all that... 0 Share this post Link to post
seed Posted September 30, 2019 (edited) 18 minutes ago, Doom_Dude said: Yeah, that was the guy who did the voice work for Claptrap. He also said Randy assaulted him. I forget what happened after all that... Oh yea, even better, also assaulted, I forgot that aspect. Just googled a bit about the incident, and apparently it's still undergowing investigation and waiting to be settled in court though. 0 Share this post Link to post
Eurisko Posted September 30, 2019 If this is Randy "Aliens:Colonial Marines" Pitchford then I can't say I'm completely shocked. The man is an idiot. 2 Share this post Link to post
Cruduxy Pegg Posted September 30, 2019 7 hours ago, Doomkid said: $1 per unit is an excellent deal, by the way. Surely you’d think it would have been a percentage of each sale - if it’s down to 3 bucks on sale, Bobby still gets 1/3rd?! lol this whole agreement seems like it was kinda dumb if that’s accurate but I certainly don’t blame prince for taking that offer! I know I would have! With the sales of the games he composed for? $1 per copy is enough to have millions haha. 3 Share this post Link to post
BBQgiraffe Posted September 30, 2019 nice to see he is still alive and kicking, I hope he destroys them 3 Share this post Link to post
Graf Zahl Posted September 30, 2019 6 minutes ago, Pegg said: With the sales of the games he composed for? $1 per copy is enough to have millions haha. I don't think he got the same deal for Doom - that's what made him able to charge this much for DN3D, I think. 0 Share this post Link to post
Guest Unregistered account Posted September 30, 2019 Just read this. Hope Bobby wins. That's all 0 Share this post Link to post
BBQgiraffe Posted September 30, 2019 Randy Pitchford looks like the type of guy that tries to get a little too friendly with your teenage daughter. 11 Share this post Link to post
MFG38 Posted September 30, 2019 (edited) Here's hoping Bobby tears Randy a new one. It's a shame that the gaming industry in general seems to have reached this point. Greed destroys people. 1 Share this post Link to post
Cruduxy Pegg Posted September 30, 2019 56 minutes ago, Graf Zahl said: I don't think he got the same deal for Doom - that's what made him able to charge this much for DN3D, I think. The thing is these games helped him bank off duke. Even if he was salaried or paid upfront instead of royalties. 0 Share this post Link to post
BBQgiraffe Posted September 30, 2019 It's been 5 hours since I found out about this and I keep imagining Bobby absolutely destroying Pitchford in court while Zero Hour from Wolfenstein 3D plays in the background 1 Share this post Link to post
chungy Posted September 30, 2019 I can actually sympathize a little bit with Gearbox. It probably was reasonable for them to assume they owned all assets rather than Bobby Prince keeping the rights to the music. Ignoring takedown requests and not just giving him a bunch of money to correct the mistake are where they went especially wrong. 7 Share this post Link to post
Murdoch Posted October 3, 2019 On 10/1/2019 at 1:24 AM, BBQgiraffe said: Randy Pitchford looks like the type of guy that tries to get a little too friendly with your teenage daughter. Nailed it. He might as well be wearing one of the those big round badges saying "I'm a creepy son of a bitch, ask me how" 0 Share this post Link to post
Jello Posted October 3, 2019 On 9/30/2019 at 3:03 PM, chungy said: I can actually sympathize a little bit with Gearbox. It probably was reasonable for them to assume they owned all assets rather than Bobby Prince keeping the rights to the music. Ignoring takedown requests and not just giving him a bunch of money to correct the mistake are where they went especially wrong. Problem is, Gearbox has lawyers. Lots of lawers. If they couldn't find this in the original contract, and just assumed that they owned all the assets, well, they better fire their lawyers. I'm not going to sympathize with them at all; they've been outright greedy fucks for quite a while now, and Pitchford is King Douche of Shit Mountain. Now if this would've been the Gearbox that made Opposing Forces, I would see things differently. But it's not, the company has moved on from making good games. 4 Share this post Link to post
Master O Posted October 3, 2019 (edited) On 9/30/2019 at 12:06 AM, Armaetus said: If possible, rip Randy to shreds in the legal battle! Or better yet, take out the shrink ray, aim and shoot it at Randy, then step on him when he's shrunk. 1 Share this post Link to post
Lila Feuer Posted October 3, 2019 @Master O I'd be more than happy to do the honors myself! 0 Share this post Link to post