“A federal judge in Detroit has ruled that Eminem can proceed with copyright infringement claims against Apple Computers [sic] and other companies,” Associated Press reports. “An ad for Apple’s i-Pod [sic] music player and i-Tunes music service featured a boy singing the rapper’s song ‘Lose Yourself.’ The commercial had been running last year on M-T-V, and on Apple’s Web site.”
“The judge’s ruling says Eminem’s case can proceed against several companies, including M-T-V parent Viacom, and an advertising agency,” AP reports.
Full article here.
Related MacDailyNews articles:
Details emerge in Eminem vs. Apple Computer lawsuit – February 26, 2004
Eminem suing Apple Computer; claims song used in ad without permissoin – February 24, 2004
Eminem probably has a good case from what little has been released to the public. Apple can’t use E’s work in its own commercials without a license. If it came down to a showdown as some of the e-mails released( words to the effect that E is a definite “no-go”), and Apple went ahead and used it, this might amount to wilful infringment which increases likelihood of high end statutory damages and penalties. If each separate airing is a separate violation that could pile up fast.
Mind you, I don’t like E at all. But it would be a black eye for Apple, especially in the entertainment world, and music world where right now it has some really strong influence.
I think the Apple Corps suit is potentially a large problem. If things go bad on the intellectual property side, Apple could do itself some major harm at a time when it finally has serious MOmentum.
For a company who patents everything including miniscule UI elements, you think they’d exercise a little bit more caution.
Or maybe they thought, ‘hey, he’s a rapper, he could’t posibbly be as anal about his ‘creations’ as we are.’
The use of Eminem’s lyrics – being recited by a third party and without either the accompanying music or an image of the artist himself – does not constitute an implied endorsement of the iPod or the iTunes Music Store, which is the basis of his claim for substantial damages ($10 million, as I recall).
A court would therefore be restricted in any award of damages to assessing Eminem’s actual economic loss arising directly from the unlicensed use of his copyright materials. My guess is that such losses are negligible.
This is a try-on by Eminem’s lawyers and they won’t get much further with it.
Can no one spell iTunes correctly anymore??? It’s not I-Tunes, it’s not ITunes….c’mon, this is simple fact finding here people!
D12 featuring Eminem use the mini ipod at the beginning of their current video, maybe mac should sue him for using their products.
Just quit buying anything Eminem and it’ll go away.
A greedy no-talent hack and his band of lawyers are trolling for ‘mo money.
“No matter what you think you pull you’ll find it’s not enough
No matter who you think you know you won’t get through
It’s a given L.A. law
Someone’s faster on the draw
No matter where you hide I’m comin’ after you
yeah
No matter how the race is run it always ends the same
Another room without a view awaits downtown
You can shake me for a while
Live it up in style
No matter what you do I’m gonna take you down
CHORUS:
Shakedown
Breakdown
Takedown
Everybody wants into the crowded line
Breakdown
Takedown
You’re busted
Let down
Your guard
Honey, just about the time you’re thinkin’ it’s alright
Breakdown
Takedown
You’re busted”
Bob Seger
Tomc,
Who is mac?
augh: AP Style guide will tell you that at the beginning of a sentence that ITunes EBay, etc. *are* all properly spelled.
Mac the knife! Apple
Obviously i-Tunes and M-T-V are never correct.
Give him Garageband and let him drag some new samples in and a microphone with his stupid talk to make his next millions of dollars. I find what this guy represents disgusting and his music disgusting and very fake sounding. He made it with no musical talent…his only talent is finding words that rhyme…maybe he uses the free Nisus Thesaurus for that.
augh: AP Style guide will tell you that at the beginning of a sentence that ITunes EBay, etc. *are* all properly spelled.
The AP style book does not apply to proper names. Otherwise, if you used e.e.commings or k.d. lang’s names at the beginning of a sentence…well, you see the problem, right?
The company that makes M&Ms; should sue Eminem. For real.
If E has registered his copyright, he is entitled to statutory damages, and is not required to prove actual damages. Unpermitted use is all that’s required to be proven. E does not have to prove that Apple intended for the viewer to believe that E endorsed iTunes or iPod.
Ouch should shut his hole. Nothing worse than the stank he’s spewing. Go back to ‘bama, you redneck freak.
ouch– you’ve got no clue.. em is a great rapper..
in fact his boy wonder 50 cent shows of a big daddy iPod in the PIMP video.. as well as Obie Trice.
Em loves Apple products.. promotes them freely lol..
But that 10 million mark is an overshot..because of course the commercial did not imply some kind of endorsement.. not by a long shot..
they will get a little $$ for basically refusing cooperation and apple went ahead anyway
If this is a true oversight, it falls squarely on Apple’s ad agency, not Apple directly. Apple’s ad agency is responsible for securing all the necessary rights needed for advertising. Apple hires this out. It would not be normal practice for Apple to go back and double check the work of the ad agency that they hired. Apple will get the black eye from it, yes, but I bet the ad agency will end up paying for it in the long run. They are the ones that dropped the ball. It’ll settle out of court anyway because Apple and Viacom won’t want it to be a huge, blown out of proportion deal.
It still is a bit ballsy of E-cracker to sue over something like this. He basically got some free advertising. He should have turned a blind eye (he has that choice) and taken the publicity. Instead, his lawsuit (which he does have a legit gripe) makes him look excessively greedy and blows his credibility to me. A low-key warning shot to Apple and Viacom would have been a better move to show he is serious about protecting his “music”, and take the free benefits and shut up. I guess he needed some new 22’s for his ride… “bling, bling!”
He doesn’t seem to mind making money by selling his music on Apples ITMS. (just an observation)
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