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Oct. 21, 2008
Copyright © Las Vegas Review-Journal

Composer sues game maker Electronic Arts over use of UNLV fight song

By DANIELLE NADLER
VIEW STAFF WRITER

Gerald Willis of Reno, composer of the UNLV fight song "Win With the Rebels," has filed a lawsuit against sports game publisher Electronic Arts, claiming the company used the song without permission in 10 of its video games.

Willis filed the lawsuit against Electronic Arts in U.S. District Court in Nevada on Sept. 29, requesting up to $150,000 for each copyright violation.


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    • Willis registered "Win With the Rebels" under a copyright in 1990, according to his lawyer, Ellen Winograd. In the lawsuit, Willis claims his song can be heard in Electronic Arts' games "NCAA Basketball," 2009 version; "NCAA Football," 2006, 2007, 2008 and 2009 versions; "NCAA March Madness," 2006, 2007 and 2008 versions; and "NCAA Baseball," 2006 and 2007 versions.

    Calls to Electronic Arts seeking comment on the lawsuit were not returned.

    Winograd said Willis is seeking the amount of money allowed by the law.

    "The U.S. copyright law allows for enforcement of copyright, and we trust the judge to determine what would be appropriate in a situation like this," she said.

    UNLV is not named in the lawsuit. The university holds a limited license to use the song, Winograd said.

    "I think the UNLV band sounds great when they play it, and that's what it was written for," she said. "It was not written for commercial use."

    UNLV Vice President and General Counsel Richard Linstrom agreed that the university is in no danger of a lawsuit.

    "After the dust settles on this, I am confident that UNLV will have no difficulty in using our fight song," he said.

    Willis works as a high school music teacher and a conductor for the Truckee Meadows Community College orchestra. He also wrote and donated Nevada's official march, "Silver State Fanfare."

    Contact Southeast and Southwest View reporter Danielle Nadler at dnadler@viewnews.com or 224-5524.

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    Rev. George Brooks wrote on December 06, 2008 09:11 PM: An all-white jury, like Mississippi in 1908, and a Jesus-hating Jew judge (as are all Jews), who presided over "The Las Vegas Lynching of O.J. Simpson," this trial was about the 13-year-old case in Los Angeles, rather than the "disturbance" in the Vegas hotel. My organization is planning a massive protest in Vegas in the Spring. And will also be calling for a pardon by Barack Obama, if possible, once he's in office. This was a "Jew Lynching."


    Programmer #A-5 wrote on November 06, 2008 03:10 PM: There is no copyright case here, as UNLV is a public school and the song it licensed to UNLV, ergo, UNLV lets the NCAA license any material licensed thereof to any organization it wants to, be it EA or Obama. If he has a problem with that, he shouldn't be working on the people's dime for a people's organization.

    What I said doesn't apply to school's like Harvard or Notre Dame, only public schools like UNLV, UCLA, etc.


    Destrel wrote on October 22, 2008 09:05 AM: h, and of course, the license should only be good for three copies of the game. If EA wishes to put it on more copies than it has to call Mr. Willis each time it wants to do so and it will be up to Mr. Willis whether he grants one more activation per call or not.


    Destrel wrote on October 22, 2008 09:02 AM: EA are clearly pirates. To prevent such piracy in the future, perhaps the EA should be required to put up with Draconian DRM *(DDRM) on all songs it uses for its games. Each time a consumer installs the game and activates it with EA, EA should have to contact Mr. Willis' automated server to activate the song.

    Sounds harsh? Well, that's what EA is putting its legitimate customers through with its DDRM systems allegedly to combat piracy. Yet, it appears that it is the EA that engages in piracy, so it deserves at best the same treatment.
    Oh, and EA's license for the song should only entitle it to put it on three copies of the game, after that EA should have to call Mr. Willis for each additional activation that Mr. Willis may or may no grant as he wishes.


    john wrote on October 21, 2008 10:48 PM: what a moron.... noone has ever heard of this song until the game.


    Justice wrote on October 21, 2008 07:24 PM: Wah wah wah wah.... Get over it.