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Foo Fighters sue Marvel for copyright infringement

February 21st, 2008
Author JK Parkin

Rolling Stone reports that the Foo Fighters are suing Marvel Entertainment, First Serve International, Toonz Animation India and First Serve Toonz for copyright infringement:

The band alleges that Marvel used “substantial excerpts” of their songs “Best of You” and “Free Me” as the music for the trailer of the new animated series Wolverine and the X-Men. You can watch the trailer here, and it’s pretty obvious that the Foos are used to soundtrack the cartoon’s preview.

The trailer hit the ‘net back at the beginning of February and has since been pulled from YouTube.

E! Online has a few more details:

Per the lawsuit filed in Los Angeles Superior Court, “substantial excerpts” of the tunes “Best of You” and “Free Me,” both off the 2005 album In Your Honor, were used in a teaser for the upcoming animated series Wolverine and the X-Men.

The song samples “were copied directly from the Foo Fighters’ sound recordings of those two songs” and people can watch the trailer online, the suit alleges.

The suit was also filed on behalf of Roswell Records Inc., owners of the master recordings.

(Thanks, James!)

 
80 Responses to “Foo Fighters sue Marvel for copyright infringement”
  1. The ECoyleomist Says:

    “In this issue… Will Dave Grohl join… THE AVENGERS?”

    Probably not.

  2. albert Says:

    Maybe since MARVEL thought it as OK to let Greg Land steal other peoples art for their books they could get away with stealing other peoples music.

  3. Andy Salazar Says:

    this is so ridiculous. I cant believe Marvel or whoever did this, was so unprofessional to think about copyright issues with music. thats insane.

    I mean, heck i do a podcast, and even I am aware of not using peoples music in production.

  4. Pj Says:

    I’m quite surprised that a huge corporation with its own massive copyright and trademark interests would have made that trailer and used FF’s music without obtaining permission first.

    As far as we know, was that even an “official” trailer released by Marvel Entertainment? Or did someone put it together with leaked clips? Seems to me the latter might be more likely.

  5. TECHASPiKE Says:

    Maybe this sounds weird, but when I saw the trailer last week something seemed off about the Foo Fighters being in it. I almost felt like I was watching a fan-made trailer.

    Who associates Foo Fighters with X-Men anyway? Odd choice for Marvel. And pretty unprofessional.

  6. DaVeO Says:

    Ok, if this was an official trailer Marvel’s legal dept. needs to be fired. Mind you I’ve never seen the trailer on the Marvel website so I doubt it was the official trailer.

  7. Ian D. Says:

    I thought the trailer was put together by the animation studio that’s doing the new show. I first saw it on their website.

  8. r Says:

    I think the question to be asked is: was the trailer put together and put on the website with or without Marvel’s consent? It’s one thing if Marvel approved the trailer. It’s another thing if the trailer was put together with music by the Animation group and shared without asking for the okay from Marvel. I don’t think the show is scheduled to air until next Spring- does marvel usually preview cartoons a year in advance?

  9. deadsmurf Says:

    I have a feeling the trailer was never meant to be used publicly, and to be only used internally and to shop the show around to networks.
    I just can’t see a large company doing this… though FOX used clips of the Arcade Fire in their superbowl broadcast and it was never oked, so it clearly does happen.

  10. ascloseasme Says:

    HA!

    I thought it was “fan made.”

  11. skyian Says:

    Deadsmurf is likely correct. Entertainment companies put together “sizzle” pieces all the time that are only intended for internal use, and incorporate copyrighted music. Videos to get shareholders, execs, etc. excited about a product. This was probably released accidentally. Let’s take it easy on the “Marvel is so unprofessional” accusations…

  12. Joe Says:

    The Foo’s haven’t released a good album since Nothing Left To Lose anyway. Bugger em.

  13. cw Says:

    Dave Skrull?!

    Seriously, why did Marvel do this?

  14. Artiepants Says:

    @ 13:

    the simple answer is most likely they didn’t: see #9.

  15. Evan Waters Says:

    Between this and the whole Silver Surfer coin fiasco, Marvel’s kinda been falling behind on due diligence. Surprising.

  16. Henry Benton Jr Says:

    *GASP!* Someone stealing music in this day and age!

  17. J Says:

    First of all…considering this toon isn’t coming out for a bit over a year from now, this was never meant to meet the publics eye so no this is not official or it would have been plastered all over the Marvel site.
    Second of all i think its so sh!tty when a band does something like this. I mean come one, wouldn’t you want someone putting you music out there to a big audience?…its not like they are selling it. Thousands of kids could see this and love the song, therefore look around for the artist and possibly buy there stuff…or dear god, that would just be horrible.

  18. Kevin Melrose Says:

    “Second of all i think its so sh!tty when a band does something like this. I mean come one, wouldn’t you want someone putting you music out there to a big audience?”

    But the point is that it’s up to the copyright-holder to decide when, how and if the work is used. You might as well argue that it should be fine for a band to use Marvel — or DC, or Dark Horse, or … — characters for promotional purposes without permission because it may introduce those characters to a new audience.

  19. skyian Says:

    Jeebus, people are just determined to blame Marvel no matter what, eh? The video was made by the animation company making the cartoon, not by Marvel. The Silver Surfer coin was put out by the Franklin Mint, not by Marvel. Oh, well. Facts be damned, I guess.

  20. Supreme Convoy Says:

    I kinda geeked out by seeing the Foo on the front page. I’m a huge fan!

    Is this the one in question? I honestly couldn’t tell if it’s an official trailer or clips made up from Evolutions.

    http://youtube.com/watch?v=5Pe34hidSi0

  21. Leigh Elvins Says:

    A band has a much right to protect its IP as anyone else. If the Foo Fighters used Marvel characters in a video without permission I am they would be speaking with lawyers too.

  22. MrNEWZ Says:

    “The suit was filed on behalf of Roswell Records Inc., owners of the master recordings.”

    The owners of the copyright filed suit, the band itself is not the “named” entity. It’s either the company that they work for or their studio. THEY are likely too busy to check the net for improper uses of their songs. ;-)

  23. Goose Says:

    The FOO FIGHTERS ROCK!!!

    I will be seeing them in concert soon!!!

  24. Robb Welch Says:

    THERE goes *MY* hero……

    haha!! Dave Skrull….. oh I like that one better….

  25. jss Says:

    god why do the foo fighters even care, its not even a commercial airing on tv or anything its a stupid internet trailer. theyre not making anymoney off the damn songs why do people careeeeee god damn im so sick of the overly litigous society,so much more important shit to occupy your time with.

  26. Toileteer Says:

    I would have thought this would be good advertising for the Foo Fighters, but it’s their call. (Or rather, their label’s call.) Marvel–stooopid.

  27. jmm Says:

    Explanation is quite simple, actually. Just take a look at Pi’s comment:

    “I’m quite surprised that a huge corporation with its own massive copyright and trademark interests would have made that trailer and used FF’s music without obtaining permission first.”

    It’s pretty obvious that whatever exec took care of clearing the rights for this just saw “music by the FF” and thought: Hey! Music by the Fantastic Four! What a lucky break, we own them too! We don’t even need to pay for that!”

    ;-D

  28. onisized Says:

    Just Ha Ha Ha at Marvel. Thought Marvel was all over the copyright and trademark stuff. Guess not.

    And yes it may have been put together by the animation studio, but what Marvel has no communication with them? Doubt it.

    Go Foos.

  29. Johnny Park Says:

    Jesus, lots of lawyers on this site, huh?

    To poster #17 (“J”): I would love to know what TV show you dislike. Say it’s “Las Vegas” or “CSI: Miami” or “Ghost Whisperer.” Anyone of these shows could potentially (and likely) have a bigger audience than this cartoon will likely have. If they were to promote, say, Ghost Whisperer using a Foo Fighters song against their blessing, is that better or worse in your opinion, J? If Foo sued the people behind Ghost Whisperer is that OK, because that’s not The X-Men?

    This is a comic newsite. Don’t be so narrow minded when some outside artist is protecting their efforts because it’s in opposition of something you like.

    This is why people make fun of the dense fanboy mentality. They’re the first one’s to hit the “Say It” button, but never stop to think about how ignorant they sound.

  30. Tyler Says:

    Boy, I wish people would read the article first…It is not the Foo Fighters (the actual band) who have filed a lawsuit but the recording studio who owns the master tracks. Big difference.

    Secondly, the responsibility would appear to fall to the animation studio and then to Marvel. We don’t know the exact nature of the relationship between Marvel and the studio. Marvel may not be at fault here people.

    Thirdly, is the trailer ‘for real’? If it was I would think Marvel would have had it on their site.

  31. Alan Coil Says:

    Johnny Park said:

    “This is a comic newsite.”

    Sorry, Johnny, it isn’t. This is not Newsarama, this is Blog@Newsarama. Same ownership, different atmosphere. The news is reported there, the rumors and tidbits reported here—and snarked upon, if we so choose.

  32. AmishJoe Says:

    Oh whatever Johnny, lighten up!

    This is obviously an internal-use-only trailer that could have been leaked to the internet by any number of people from Marvel employees to the animation studio, etc.

    I don’t in any way think that Marvel should have to pay for doing what thousands of fans do every day. It’s a completely victimless crime unless you want to go out and say the FF are entitled to damages because the cartoon is obviously only popular because of their music.

  33. Cray_ws Says:

    This isn’t a victimless crime when you consider Marvel is ultimately using this to promote their wares.

    Foo fighters are very much in their rights to go after Marvel for this.

  34. Rock Roche Says:

    The name of the show still leaves a bitter taste in my mouth. Nice trailer though.

  35. Jonathan Cayen Says:

    I can’t fault the Foo Fighters for sueing. Let’s face it, the music was the best part of the trailer.

    This incident shows a great deal of unprofessionalism. The idea for this trailer could have been some new guy who has experience with new media, and didn’t have the expertise or common sense to get permission to use the songs. Heck this guy probably slaped the songs in the trailer to jazz things up. Guess that would explain who the songs did sound slightly off.

    But getting back to my main point if I were an music artist I would be pissed to have my music be assicated with this trailer, and I would never give permission unless compensated.
    I would feel a hundred bucks, a guided tour of Marvel Comics, a marvel character supporting me in an issue, and free slap in the face to Joe Q for events of One More Day, would be more than enough compensation.
    On Second thought have them keep the hundred bucks. I don’t want to take money from the people who allowed Spider-Man 3 to be made. No shit money for me. If the money came from what the series Supreme Power made than i would take it.

  36. JK Parkin Says:

    FYI, added the word “also” to the last line, which somehow fell out … apologies for any confusion.

  37. Brett Says:

    The Foo Fighters suck and have never been relevant. I’m sure it was stupid on Marvels part, but who cares? Please post some real news.

  38. Nat Gertler Says:

    No, it’s not a “victimless crime”. First off, it’s ripping control from the rights holder. And if you want to look at it from a purely economic standpoint: using existing music in an advertisement or promotion is something one generally pays for — and that pay can be steep. (Which is not to say that this was a carefully-planned public release.)

  39. TJX Says:

    Can we all agree then that if this was FAN made video then no one should be sued?

  40. Kevin Melrose Says:

    “Please post some real news.”

    I’m pretty sure the largest comics publisher being sued (with others) for copyright infringement qualifies as “real news.”

  41. Rob Postuma Says:

    The association makes perfect sense. Using a super-hero band for a super-hero movie, it’s perfect !

    Yes – they fight FOO – isn’t it obvious ?

  42. gary Says:

    This talkback makes my eyes bleed.

  43. Johnny Park Says:

    AmishJoe said: “It’s a completely victimless crime unless you want to go out and say the FF are entitled to damages because the cartoon is obviously only popular because of their music.”

    I am not implying that that is why FF are entitled to damages. I’m saying they can sue because their product was used without permission to promote someone else’s product. And yes, Marvel SHOULD be sued for “what fans do every day” because — pay attention now — MARVEL MAKES A PROFIT WHEN THIS GETS PROMOTED.

    The trailers raise awareness. Fans get interested. They buy or rent the DVD. Marvel cashes in. If they use Foo Fighters in said trailers, they would need the Foo Fighters permission.

    Whether this was leaked or not is alleged at this point (going off this webpage). Marvel has to keep closer reins on their internal footage if that’s the case, making them libel.

    This is business. Business means money. Hence the lawsuit.

    Also Roswell Records is not an entity outside of the Foo Fighters. Roswell is actually Dave Grohl’s company. As the first line in this piece says “Foo Fighters are suing Marvel Entertainment.” This is not a case of douchebags in suits collecting cash for someone else’s work they happen to own. This is the artists themselves protecting their work.

  44. Johnny Park Says:

    Sorry, I meant “making them LIABLE.” Pardon the typo.

  45. Quentin Beck Says:

    Normally, I’d say they have a case…

    but let’s face it, they’ll never be Nirvana, no matter how long they’ll be around.

    As you AREN’T!

    D’oh!

  46. DarkJared Says:

    LOL @ Marvel!!

    Karma’s a %$^&@ isn’t it Marvel?

    Marvel is an associate producer of the series so I’d say they are just as guilty as the animation studio. Someone at Marvel would have had to ok the trailer before it was released.

    You gotta love it when a comic company run by lawyers gets sued for copyright infringement. Especially one who regularly goes on teenage fanboy witch hunts amongst their own fanbase.

    I never tire of seeing a jerkwad corporation get it’s come-uppance over and over…

  47. MyPoorBrain Says:

    Sweet, I’m going to be Fighting Foo twice in the next month at two Canadian shows, maybe I’ll find a Wolverine / X-Men t-shirt I can wear just to see if it’ll piss off Dave Ghrol. That would RULE!

    Also, the Foos made an album better than any Nirvana album, and that album was “The Colour And The Shape”.

    Kurt Cobain, you have been owned and you are also dead to boot.

  48. turk Says:

    Hard to feel sorry for Marvel after their frivolous lawsuit against NCSoft and Cryptic Studios over City of Heroes.

  49. Nolan Says:

    How in the world did this happen?
    Wouldn’t Marvel’s Legal people have acquired the proper rights for music?

  50. Rawnzilla Says:

    Who the hell are the Foo Fighters? Is this the kind of music kids listen to these days? I’m 18 years old and I’m already out of the loop.

  51. JacktheKnife Says:

    Okay everybody saying this wasn’t ment to be an official teaser trailer. Your wrong. I saw the trailer on the animation studio’s official website.

    In fact, here’s the website: http://www.cyber-animation.com/wolverine/wolverine.htm

    Though the trailer has since been pulled off that page.

    Also not really sure why Marvel is getting sued. The animation studio is the one making the cartoon and thus were the ones who made the trailer.

    So Foo Fighters. Go ahead and sue the animation studio, but everything else is just a greedy cash grab.

  52. pyleg Says:

    Rawnzilla wrote:
    “Who the hell are the Foo Fighters? Is this the kind of music kids listen to these days? I’m 18 years old and I’m already out of the loop.”

    Heh. If only kids would listen to the Foo Fighters. Hell, I could die a happy man if Kanye West or Hannah Montana developed incurable laryngitis.

  53. Justin Says:

    Pyleg, while I would never wish ill-will on someone, I’m right there with ya. I’m a little miffed with the title, it makes the Xteam seem like only supporting characters for Wolverine. I know I’m thinking that largely because I’ve never cared for the Wolverine character. I think rather than create a new series destined for failure, they could have revitalized the x-men evolution series with new story arcs.

  54. Robb Welch Says:

    It was also on marvels webpage, and since taken down. That pretty much makes it official.

  55. Kevin Melrose Says:

    Brandon, if you have a problem with the way the Newsarama forums are operated — and apparently you do — there’s a “contact” page on the main site. That’s the appropriate avenue for your complaints.

  56. Brandon Says:

    I agree, but it’s hard to contact when Brady blocks your e-mail before you’re allowed to send the FIRST message to try and work the problem out. He kicked me off the forums then blocked my e-mail address before I could even TRY to work out the problem.

  57. Kevin Melrose Says:

    Then I don’t know what to tell you. This is a thread for discussing the above story, not for hashing out your grievances. I’ll delete further comments on the topic.

  58. jedifish Says:

    Awesome. I hope the Foo Fighters kick their ass in court.

  59. the marcus de sade Says:

    oh no poor foo fighters as if they dony=t have enougth money, on the other hand what were marvel etc thinking using their music, i mean they could of picked somthing alot lot better.

  60. everlonglantern Says:

    Marvel should of shown some respect and asked the Foo’s if they could do it. Its not like there a new band they been around for awhile and put out good songs the past 10 years. Im just glad it wasnt DC that there suing.
    Long live the Foos!

  61. IronJedi Says:

    I’ve been out of the industry for awhile but companies used to be able to license the use of music through corporate entities ASCAP and BMI. If Marvel and/or the animation pay the appropriate fees and the Foo Fighters’ music is licensed through one of those entities, this is a non-issue.

  62. Billy Parker Says:

    Foo Fighters music is sooo horrible, THEY should be sued just for making it!

    Dave “Skrull” now as far as I’m concerned.

    The only “FF” I care about anyway is Fantastic Four!

    Funny that Foo Fighter fans like “Johnny Park” and “My Poor Brain” are now logging on to a comic site to defend the awful Foo Fighters! (Those are Foo Fighter song names for those who didn’t know)

  63. Johnny Park Says:

    Actually Billy, I’m a comic professional and fan… I just chose the screen name because I also dig the Foo. I came across this story because I read newsarama daily.

    Sorry to make your point completely moot there buddy.

  64. Billy Parker Says:

    Well actually I wouldn’t call my point completely moot…Foo Fighters are STILL horrible!

  65. E-Mann Says:

    So,the Foo Fighters sue Marvel over a song?
    Can we sue Marvel over Civil War?

  66. mauriciosauros Says:

    IF MY SONG WERE USED I’D BE SO HAPPY

    GODDAMN THESE FOO’S

  67. Moon Knight Says:

    Hahahaha, take that, Marvel.
    Remember what they did to Freedom Force and City of Heroes? And that, my friends, is divine justice.

  68. Alan Coil Says:

    THE MAIN POINT of this lawsuit, IMHO, is to trick Marvel into re-naming Shang Chi’s father as Foo Manchu.

  69. Captain America's Fannypack Says:

    Man, this is just another in a long line of reasons to hate the Foo Fighters and their built-by-numbers, identikit-stadium-rock musical banality.

    I mean shit, their songs are all so middle of the road and samey maybe they just got some generic ad music mixed up with their own?

    I can hear Grohl now; “Guys, did you hear them play quiet, then loud, then back to quiet? I FUCKING INVENTED THAT!”

  70. EDC Says:

    go away 69.

  71. Strange Says:

    The Foos have every right to sue, they and their company have full rights to decide where, when and how their music is used. That’s the law.

    I think the thing which people have the problem is, is that the Foos have a lot of money already and some people might see this as motivated as greed.

    A good way to resolve this would be… Foo’s sue Marvel, Foo’s give money to charity selected by either the Wieringo or Gerber family.

  72. James Says:

    I pity the Foo that messes with Wolverine…..

    Sorry nothing really to add to this I just wanted to add something useless

  73. Lance Says:

    It’s not a big deal. and I’d stand for Marvel right there in the court room just to put those dicks in their place.

  74. Really? Says:

    How is it not a “big deal” Lance? Stealing someone else’s work is illegal. I don’t see how you could “put those dicks in their place” when all they are doing is protecting what is rightfully theirs.

  75. StudioNFC Says:

    Marvel should know better.

    Doesn’t matter if you like Foo Fighters or not, doesn’t matter if you think their music sucks or not, the bottom line is, using someone else’s work without permission is theft. Plain and simple.

    If I created a comic book called The Amazing Spider-Kid, they would sue my ass off.

    The Foo Fighters have every right to file suit and should win too.

    Marvel effed up.

    Period.

  76. Robert Says:

    I doubt it’s a fanmade trailer. Marvel would’ve said so by now.

  77. WRX Parts Says:

    The Foo Fighters have this one in the bag. How did Marvel not see this coming?

  78. Tom Teesdale Says:

    There are so many companies outside of the united states getting away with this right now. It’s great that they are fighting, because it makes a difference in the long run for smaller bands who are taken advantage of in the same way. I worked for a group called Oedipus, at of Los Angeles http://www.oedipusband.com who had there music used on radio and T.V. in mexico and southeast Asia, and had little to know legal recourse. GO FOOs!

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