The lawsuit calls on ZeniMax to both take the ads down and pay $1 million in damages. DiMucci says he was also denied a right to negotiate a licensing fee.

We've asked ZeniMax for its take on the lawsuit and will let you know if it can comment. Whatever happens, the lawsuit might have game publishers treading more carefully when they license music. The further video games venture into mainstream culture, the more likely it is that musicians will care about how their music is represented in games. And just as with movies and TV, they'll sometimes care more about preserving their public image than receiving a big royalty check.