Gearbox accused of using copyrighted music in Duke Nukem

Composer Bobby Prince is suing Gearbox, claiming that his music was used in Duke Nukem 3D: 20th Anniversary World Tour Edition without his permission.
Text: Sam Bishop
Published 2019-09-30

Gearbox Software and CEO Randy Pitchford are being sued by composer Bobby Prince, as reported by PC Gamer, with Prince claiming that his music was used in 2016's Duke Nukem 3D: 20th Anniversary World Tour Edition without his consent.

The lawsuit claims Gearbox "used Mr. Prince's music in Duke Nukem 3D World Tour without obtaining a license and without compensating Mr. Prince. Defendant, Randy Pitchford, the Chief Executive Officer of Gearbox, admitted that Mr. Prince created and owns the music and that Gearbox had no license. Incredibly, Mr. Pitchford proceeded to use the music without compensation and refused to remove the music from the game."

The document adds that developer Apogee had "limited right to use Mr. Prince's music in Duke Nukem 3D in exchange for a royalty equal to $1 per unit sold" too, and clarifies that "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. Yet Gearbox incorporated the music into the game without ever contacting Mr. Prince and without clearing the rights expressly mentioned in the electronic files".

Prince adds that he provided Gearbox with his address for royalties. "Mr. Pitchford said Mr. Prince would be "taken care of." Mr. Pitchford's promise was false when made," the document reads, adding that Valve also ignored takedown notices for the copyrighted content on Steam too.

We will update you on this as the situation develops.

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