Space Channel 5 Ulala Look-a-like Case Dismissed

Deee-Lite's Lady Miss Kier gets shafted by SEGA.

Posted by Staff
Space Channel 5 Ulala Look-a-like Case Dismissed
Tucked away at the back of this week's MCV industry mag, we find a nugget of a tale regarding how the once mighty have fallen. It is 1990, and dayglo popsters Deee-Lite are at the top of the British hit parade with the ageless dance classic 'Groove is in the Heart', you know, the one with the drooping penny whistle sound, followed by the uplifting penny whistle sound just before the song gets to the chorus? When the 'hooj chewn' eventually departed the chart (sometime in 1994, or at least it seemed that way - Novelty Dance Music-Despising Ed.) Deee-Lite never had as big a hit as 'Groove is in the Heart'. We're sure that the record company filth tried to follow it up, but it just never happened.

Well, let's hope the royalty cheques are still pouring in, at least for the luridly-garbed Lady Miss Kier, lead singer with the band. Back in 2003 Kier filed a writ accusing SEGA of using her appearance, voice and "vibe" for the Space Channel 5 character, Ulala. Now, after a three year-long fight to sue the company, she's just had her case against SEGA thrown out of court. Not only has she lost the case, she now has to pay SEGA's legal fees which come to a whopping $600,000. Oh dear. Looks like Lady may have to get that second waitressing job while she waits for her next break in the business of show. Don't hold your breath, love...
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Comments

RiseFromYourGrave 6 Oct 2006 15:56
1/9
http://www.ladykier.com/segacase.htm

shes a bellend this woman
Rustman 6 Oct 2006 20:01
2/9
RiseFromYourGrave wrote:
http://www.ladykier.com/segacase.htm

shes a bellend this woman


But she has a point...

http://www.youtube.com/watch?v=pg88nVMvbSU

The style of dancing, look of clothes and feel is a dead ringer for Space Channel.

I wouldn't be suprised if the art dev team had a bunch of these vids and mags on their drawing boards.
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RiseFromYourGrave 6 Oct 2006 20:57
3/9
but hasnt this kind of guff spacey style been done loads?

earth wind and fire wore glittery costumes with space backgrounds on occasion too

and you cant copyright 'la la la'
Rustman 7 Oct 2006 09:30
4/9
RiseFromYourGrave wrote:
but hasnt this kind of guff spacey style been done loads?

earth wind and fire wore glittery costumes with space backgrounds on occasion too

and you cant copyright 'la la la'


I'm a designer and illustrator by trade so trust me when I say that we try to pick up whatever influence we can. The number of similarities between this woman and Segas creation are pretty staggering. I hadn't noticed before, not being a Dee-lite fan.

If Segas marketing and magazine articles for the game saw the connection I'm not suprised she or her lawyers did.

Copyrighting a performance and look is pretty difficult however. If you ask me Sega's art department lifted this stuff straight out of her portfolio. The only real question is whose intellectual property is that once they put their own skew on it.
RiseFromYourGrave 7 Oct 2006 15:20
5/9
Rustman wrote:

If Segas marketing and magazine articles for the game saw the connection I'm not suprised she or her lawyers did.


yeah thats a good point

but still, i dont see how she can copyright this silly space theme that ive seen a lot of bands use because they all look like this deee-lite garbage. think shed have a chance if the style/look was just hers and hers alone but the glittery, space bubble, tankgirl hair and polyurathane miniskirts space fantasy is not exclusive to whateverhernameis
Rustman 7 Oct 2006 21:38
6/9
RiseFromYourGrave wrote:
Rustman wrote:

If Segas marketing and magazine articles for the game saw the connection I'm not suprised she or her lawyers did.


yeah thats a good point

but still, i dont see how she can copyright this silly space theme that ive seen a lot of bands use because they all look like this deee-lite garbage. think shed have a chance if the style/look was just hers and hers alone but the glittery, space bubble, tankgirl hair and polyurathane miniskirts space fantasy is not exclusive to whateverhernameis


Which is why it was probably thrown out of court. She could have trademarked her image, but as she didn't it meant a lenghty legal battle.

If Sega made a game with a character that looked like a movie star in looks and persona using the same catch phrases and based an entire game around it they would have been blasted. Imagine someone like Arnie or the Cruiser having their image used to promote a game when they had nothing to do with it and weren't financially reimbursed for it.

I believe they used this girl's image and hid behind the fact that she came from a one hit wonder from the last decade. They probably didn't expect a legal riposte.
RiseFromYourGrave 8 Oct 2006 13:29
7/9
how long before arnie sues SNK for the Metal Slug games :D
Joji 10 Oct 2006 00:54
8/9
This begs the question where does influence begin and copyright infringement end. I think the Sega team might have been influenced slightly by her, but only Sega would know the truth. Perhaps interviews with the team responsible for SC5 around its release might shed some light on it.

Go fetch Spong newshound.
tyrion 10 Oct 2006 08:16
9/9
RiseFromYourGrave wrote:
how long before arnie sues SNK for the Metal Slug games :D

If he didn't sue over this game he ain't gonna sue over anything else!
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