Original Halo Composers Sue Microsoft Over Unpaid Royalties and It Could Delay Paramount TV Show
According to a new report from Eurogamer.
Marty O’Donnell and Mike Salvatori are also exploring options to secure an upcoming Paramount ban Halo TV series. If such an instruction is warranted, it could delay the release of the program.
Based on Eurogamer reports, attorneys representing O’Donnell and Salvatori filed the lawsuit in a Washington court in June 2020 and since then, deposits and discoveries have been made. Now, a mediation session is scheduled for next week between the two parties – presumably the duo’s attorneys and Microsoft’s attorneys – and if no agreement or settlement is subsequently reached, the dispute could be court.
This lawsuit brings up six errors against Microsoft:
- Breach of contract
- Breach of fiduciary duty to develop royalty income in a joint venture
- Violation of the obligation to act in good faith and to be treated fairly
- Does not offer accounting partnerships
- Get rich illegally
- Strong Intervention
O’Donnell said Eurogamer that he and Salvatori had been trying to secure these royalties from Microsoft for more than a decade, but after getting meager, both decided to file a lawsuit. According to the famous composer, Halo’s iconic music was trademarked by the two of them under the name O’Donnell Salvatori Inc. As a result, their Halo music was licensed to Bungie, which O’Donnell said happened under an agreement that remained in place even with the Bungie name being purchased by Microsoft in 2000.
Eurogamer reports that Microsoft’s counter-statement claims that composers’ Halo scores are indeed eligible to do work for hire. If proven to be the case, Microsoft will designate Microsoft as the owner of the work.
“It was never a job for hire,” says O’Donnell. “It was always a licensing agreement. So that’s what we did with Halo. Featuring the original Halo soundtrack, first written and recorded in 1999. It was licensed to Bungie. Bungie hasn’t been acquired by Microsoft in over a year. ”
After some time back there, composers approached Microsoft about signing the publishing rights to the music as well as its associated copyrights. O’Donnell said when he did that, he wanted “To do it the way it’s done in movies and televisionwhere composers are still ASCAP composers, and it’s not a purely for-hire job. ”
“There’s a contract for any ancillary royalties – so use in advertising, use in anything outside of the game, specifically or sell soundtracks,” O’Donnell said. . “O’Donnell Salvatori must take 20% of anything outside of the game that uses music. By the way, this actually makes sense. Many composers and musicians in the film business receive more than 50%. ”
O’Donnell and Salvatori state that they have not yet received royalties due to them. It’s important to note that O’Donnell is also going through some legal trouble regarding Bungie and his work in the Destiny franchise. You can read more about that here. However, this lawsuit against Microsoft was filed before Bungie served O’Donnell in contempt of court papers about tracks O’Donnell uploaded to his own YouTube channel, which which he is not supposed to do, as reported Eurogamer.
“We’re just trying to get them to do this, which we think everyone agreed to 20 years ago,” says O’Donnell.
Regarding the upcoming Halo O’Donnell to Paramount’s TV show Eurogamer that he is instructing his attorneys to explore restraining options to get the TV show’s release blocked, or at least delayed for the time being.
“This very important thing just came out on TV and Mike and I feel very disrespected,” O’Donnell said. “Having a connection to side revenue from the exploitation of the original Halo track is exactly what this deal is about. Since we applied two years ago, they continue to ignore the terms. Now, they are about to broadcast Halo The TV show and is using our monks conversation (call it Halo thread) to advertise and drive subscriptions for Paramount+. ”
For more on this ongoing legal dispute, be sure to read Eurogamer Full report.
[Source: Eurogamer]
