Eminem gets go-ahead to proceed against Apple in copyright infringement claim

“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

24 Comments

  1. 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.

  2. 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.’

  3. 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.

  4. 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

  5. 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.

  6. 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.

  7. 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.

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