Deee-Lite singer loses Sega lawsuit

By Jim Welte, GameSpotPosted Sep 27, 2006 6:19 pm PT

Lady Miss Kier claimed Sega misappropriated her likeness in Space Channel 5, but court disagrees.

Deee-Lite's Lady Miss Kier, singer of the early 1990s club hit "Groove Is in the Heart," lost a 3-year-old court battle over the use of her likeness yesterday. The decision was a costly one for Kier--real name Kierin Kirby--as the singer/DJ has to pay more than $600,000 in legal fees to Sega of America, the game maker she sued.

Kirby, singer for the '90s retro-funk-dance group that disbanded in 1995, claimed that Sega's Space Channel 5 game based its character Ulala on Lady Miss Kier.

Kirby claimed that Sega approached her in 2000 and said it "was considering using one of several music videos or songs, including 'Groove Is in the Heart,' to promote Space Channel 5 (SC5) in England and Europe." Kirby said she declined the offer and refused to give Sega permission to use her songs, likeness, or anything else.

When Kirby saw how much the SC5 character looked like Lady Miss Kier and noticed that her name Ulala resembled what Kier sings after the chorus of "Groove Is in the Heart," she filed suit in Los Angeles in 2003.

But Sega was able to convince the court that not only had the company created SC5 long before 2000--it was released in Japan before 1999--but that Ulala's creators had never even heard of Deee-Lite or Lady Miss Kier prior to creating the character.

Kirby appealed the case, but the California Court of Appeals upheld the decision. The court also found that Ulala "contained sufficient expressive content to constitute a 'transformative work' under the test articulated by the [California] Supreme Court," making Ulala "more than a mere likeness or literal depiction of Kier."

The worst part for Kirby is that California law stipulates that an unsuccessful plaintiff in such a case must pay the defendant's legal fees. Sega incurred attorney's fees of $763,000, which the trial court reduced to an award of approximately $608,000. The court also ruled that Kirby must pay the company's legal fees for the appeal. The case has been remanded to the trial court to determine the amount of additional fees Kirby must pay the company.

86 Comments

  • _Sam_

    Posted Sep 30, 2006 3:33 pm PT

    interesting, I didn't know about this

  • juno_22

    Posted Sep 30, 2006 2:12 pm PT

    LOLSAUCE

  • skatersonik2009

    Posted Sep 30, 2006 8:00 am PT

    THAT"S WHAT YOU GET FOR MESSIN' WITH SEGA!

  • nekrotaunter

    Posted Sep 30, 2006 5:18 am PT

    that song was terrible and now i'm thinking about her ugly face and gang in the stupid video.

  • neovalkyr

    Posted Sep 29, 2006 2:43 pm PT

    Sounds like the B got sodimized. Serves her right in my opinion.

  • sigma8

    Posted Sep 29, 2006 8:17 am PT

    Sega did basically copy her style, wholesale. But ripoffs aren't illegal, unfortunately. Well, actually I guess that's fortunate. Space Channel 5 was a pretty good ripoff.

  • hirmetreus

    Posted Sep 29, 2006 12:52 am PT

    I look like harry potter.
    Cry more.

    The Video game is a tribute. Half the video evidence is really not that related(copying a cartoon drawing style, pfff) and her dancing around on stage is compared to....another person dancing around on stage. original.

    Its a REALLY BAD likeness, but its clear some of the moves got into the game somehow. They were likely very popular moves, so if SEGA is the only ones to have ever used them, maybe she would have a half decent case. In case you dont know, Ulala's hair colour is pink not red, and the game is set in space.

    Funnily enough, using the same word in a song isnt illegal, as much as she wants it to be.

  • dryden555

    Posted Sep 28, 2006 3:05 pm PT

    for anyone who was around in the early 90's and is familiar with both the band and the Sega game, there is much more than a passing similarity. Her lawsuit wasn't bogus.

  • crithon

    Posted Sep 28, 2006 2:50 pm PT

    ...... I need a brief pause when I hear her last name is IRONICLY "Kirby." Sure, I found Mrs Kirby and Ulala very simular but there are laws saying you can basicly rip off a character unless you maintain like 20% orginality. And still it's more about a character design debate then actually using "living person's likiness without their expressed concent."

  • Cablestein

    Posted Sep 28, 2006 1:01 pm PT

    Wow, looking at the evidence on her webpage... it's even more convincing.
    http://www.ladykier.com/segacase.htm

  • FallenOneX

    Posted Sep 28, 2006 12:58 pm PT

    Sorry to tell you, but when this game came out, a few people did think the main character was based on her from the looks. And yes, while that game may have been in development before they approched her, the fact that they did approach her would could cause some to raise an eyebrow. She took a shot and lost. And while some of you call her a has-been, whenever some car company decides to used that friggin' song in their ads, she gets paid more than most of us get paid in a year. So please, let me be a has been!

  • Cablestein

    Posted Sep 28, 2006 12:56 pm PT

    When I first saw Space Channel 5 advertising, I totally thought it was connected to Deee-lite somehow.

  • puablo

    Posted Sep 28, 2006 12:08 pm PT

    Can they pay Bootsy Collins $5 for being Bootsy Collins?

    I kinda feel sorry for the out-of-work girl having to pay $600 thou. But hey, that's what you get for being sue-happy.

  • sailor_alphac

    Posted Sep 28, 2006 11:58 am PT

    I think part of the problem with the lawsuit was that she claimed that she was approaced in 2000, but considering how long it takes to make a video game, Sega could easily prove that she was incorrect in that part of her case.

    As for not ever hearing of her before the game was made, I had never heard of the Japanese band that this is based on, so it's a fair assessment that they didn't hear of her.

    And, btw, "World Clique" is a very fun album (unless you hate that kind of music). I actually liked "Who Was That" and "What is Love?" more than "Groove is in the Heart", but these were fun songs from the very early 90s. I feel sorry that she lost her case, and moreso because of where she filed. I don't agree that the California law should be national simply because she genuinely believed that her likeness was stolen. It's not as if there aren't simliarities (I thought of her when I played the game; but it really wasn't her personality), it's just that there was sufficient evidence to prove that she was wrong.

  • ApisBee

    Posted Sep 28, 2006 11:33 am PT

    LOL. Just a has-been looking for a free meal ticket. That's not a freckle on my nose, it is a PIXEL!

  • trav523

    Posted Sep 28, 2006 11:28 am PT

    wow, before watching the video of her evidence on her site, i never realized she invented swinging your arms while you walk, or eyeshadow, or short skirts, or the phrase "oh la la".. i hope sega was just first on her list to sue, because i know TONS of people who swing their arms when they walk.. she'll be a gabillionaire!

  • supercrap1

    Posted Sep 28, 2006 11:06 am PT

    Maybe Sony's record label?

  • sainraja

    Posted Sep 28, 2006 10:18 am PT

    I don't know if anyone noticed who checked her website but she sued Sony too.

    "lady kier Lady Kier VS Sega

    Below is some of the evidence that was submitted to the judges in the lawsuit against SONY/SEGA/Space Channel I disagree with the judges recent ruling but I am posting this to let you be the judge. "

    I don't see what Sony had anything to do with that game so does anyone know?

  • myrllellei

    Posted Sep 28, 2006 10:16 am PT

    Bootsy Collins and a Slide Whistle = Dance Craze

  • THESEVENTROLLS

    Posted Sep 28, 2006 9:57 am PT

    lol....she deserves it...:-)

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