Kierin Kirby, known in showbiz as Lady Miss Kier when she was a member of the pop group Deee-Lite, has filed suit against Sega alleging infringement of right of publicity and various other complaints, reports Rolling Stone. According to the lawsuit, Space Channel 5 heroine Ulala bears too close a resemblance to Kirby's stage persona, and she's seeking more than $750,000 in damages.
"The similarities and likenesses include the same or nearly the same distinctive make-up, large eyelashes, doe eyes, red/pink hair, pony tails, cute backpacks, mini-skirts, knee-socks, knee-high boots, and platform shoes," says the suit. "The similarities and likenesses are so close that viewers, listeners, and consumers were and are confused or likely to become confused between Ulala and plaintiff." It also goes on to argue that the overall style of the game, including its art design, music, Ulala's dance moves, and even her name, borrow excessively from Deee-lite's video for the hit single "Groove is in the Heart."
The courts will have to judge the case for themselves, but Kirby has likely made a critical error in assuming that the public has retained any memory of her career, which one would think would be a prerequisite for confusing her likeness with that of Sega's own dance diva. We'll keep you posted if anything more significant comes of this case.
hey i remember her but then again, she's not suing cooler kids which is far more obvious.
I had no recolections as to what she looked like.
Google showed me this piece of html vomit
lots of pictures. none of them look like a Judy Jetson Raver.
I wonder how long til she sues hep
Wait a second! She wore those same clothes and wore her hair like that for her entire Dee-Lite CAREER? I'd say gross, but 3 days without a shower isn't that uncommon for some of these rockstar has-beens.
For example, rumor has it that this picture is made up of a couple local rockstars who are a bit past their prime:
Man, Bonnie Raitt and Flavor Flav really let themselves go.
And it was a shitty game to begin with (from, like, three years ago!).
Sheesh, sounds like that Dee-lite singer is grasping at whatever straws she can find.
well, if any of you had any real knowledge of the "Groove is in the Heart" phase of Deee-lite, you'd know for sure that she has an EXCELLENT case against Sega.
that album was what brought me into the whole dance music scene, and years after the last time I'd heard it, or even thought about Deee-lite, I bought Space Channel 5 SPECIFICALLY because I thought it was a direct reference (or even rip off, and a good one!) to LMK.
NOT TO MENTION that Sega actually had the nerve to approach her when they were about to release the game, and offered her a piddly $10,000 to do a "virtual duet" with Ulala. Gee, don't you think they might have had a reason for doing that????
Facts, kiddies, always the facts.....and in this case, she has every right to sue a giant company that used a "persona" that she carefully cultivated, and paid other creatives to help her do it (ie: stylist and a coreographer)...so why should they just then be able to steal it and so obviously use it for profit???
Again, I will stress this.....THAT IS WHY I BOUGHT THE GAME: THE REFERENCES TO DEEE-LITE IN MUSIC AND STYLING. Figured that would make it a good experience, if they were using one of my favorite dj's!
Think for a moment if a video game DARED to come out with a rip-off persona based on Madonna? We'd never even hear about it, as the company would be sued into oblivion long before the release of the game.
so, in other words, she's suing sega for stealing her image... which she stole from just about every japanese teenager.
in all seriousness, i played that game when it came out for about five minutes before i started singing groove is in the heart to myself.
the music in the game all sounds like dee-lite, and dance moves, just about everything.
but did you sing about who was sneaking in your house?
DF Smith neglected to mention the most critical piece of evidence that is going to be the key factor in Kirby winning this suit; Sega offered $16,000 to use Lady Miss Kier's likeness in the video game but Kirby demanded more money. Clearly, the folks at Sega remember Lady Miss Kier and it is not a coincidence that the character in the game resembles her.
I'd advise many people who seem to talk without actually bothering to investigate the facts, to read the statement of Lady Kier and the three pages of photos she has supplied which will show even the dumbest ones, the clear fact that SEGA stole her image.
Now, you might not like her image, you might not like her music, you might not like her philosophy. That's something else. Some of you are so obsessed about 'freedom of speech' that you think the freedom is about being rude and saying whatever you please about whatever individual. I am really sick of the attitude where everyone feels that they can rude to someone they have never met. Could any of you after examining the whole case, say what you have said to the face of Lady Kier? I doubt it.
I advise all of you to stop being so damn negative and learn to communicate with everyone, not just people who are 'cool' by your book. If you had the chance to talk to Lady Kier or looked into her lyrics a bit, you would know that this woman is an angel on earth and she is pure positivity.
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