Eminem settles lawsuit over Apple iTunes ad

“Rapper Eminem’s music label has agreed to an undisclosed financial settlement with Apple Computer Inc. in a lawsuit over copyright infringement claims,” The Associated Press reports. “In February 2004, Ferndale-based Eight Mile Style filed a lawsuit in U.S. District Court in Detroit against MTV, Apple, MTV’s parent Viacom Inc. and advertising agency TBWA/Chiat/Day. The recording company claimed Apple used one of the rapper’s hit songs in an advertisement without permission. ‘The parties were able to reach an amicable resolution,’ Howard Hertz, a lawyer for Eight Mile Style and Eminem, said Monday.”

Apple Computer featured a 10-year-old singing Eminem’s Oscar-winning song “Lose Yourself” in an ad on MTV for the iPod music player and iTunes music service.

Full article here.

Related MacDailyNews articles:
Apple’s iTunes Music Store makes U2, Eminem exclusives available – September 29, 2004
Eminem gets go-ahead to proceed against Apple in copyright infringement claim – May 18, 2004
Details emerge in Eminem vs. Apple Computer lawsuit – February 26, 2004
Eminem suing Apple Computer; claims song used in ad without permission – February 24, 2004

38 Comments

  1. Yeh-hehessss. Let the no-talent M&M have his day. I mean, ALL no-talents eventually get their 15 minutes. Just look at Ballmer. Hey, I keed the fat and lethargic.

    Yeh-heh-hehesssssss.

  2. smart move by all parties envolved. i wonder if the lawyers for apple records are paying attention. probably not.

    magic word “money” as in i have none

  3. Of course they settled.

    Mr. Mathers want his crap available in the iTMS, doesn’t he? He may be a talentless a**hole, but he’s not stupid. This is business.

  4. Do you need permission to do a cover of a song? There are a LOT of cover bands that play clubs and bars– do they have permission? Whats the difference?

    I’m not a lawyer, so I’m just asking…

  5. I find it a bit humorous that the rap industry has made a fortune sampling other people’s music – actual pieces of the other artist’s work, and then one of their own turns around and sues because someone else used his lyrics.

  6. you old farts make me laugh.

    you have no concept of hip hop/rap and you go off like youre a 20 year old who knows what you are talking about.

    stick with your folk music you old farts

  7. I must say… the Dude digs Eminems music… but I guess that he does not have enough money. I thought is was lame that he sued in the first place. I hope they settled for a buck or something. I guess he is just protecting his work, and there is no way in hell Apple would pull his tunes from iTunes. They sell too much. So it is stupid to even think that Apple would pull his music for the little incident.

    When you start talking about rappers sampling other artists music, they get permission and pay for that right. It is not free unless it is agreed upon. Em is probably just upset that Apple did not ask and that he has to go through all the crap to get permission. Em might not even be the driving force behind it. Lawyers have to make their lives appear useful.

    So before you bash Em directly for this, try looking at the whole picture. You do not know the whole story. Remember; there are 3 sides to every story….. Apples, Eminems, and the TRUTH! The public seldom if ever hears the truth anymore. It is all about selling, not reporting and getting facts straight. But that is another issue all together.

    The Dude abides.

  8. Cover bands (or the clubs that hire them) are supposed to pay royalties. They never do, of course. And they could get sued. Except that they don’t make any money so it wouldn’t be worth it.

  9. Hey, Old Folks — Eminem sucks.

    So does most hip hop. And rap especially. It’s barely even music, you dolt.

    And they all behave and conduct themselves soooooooo professionally — the fights, the gun battles, the revenge murders, the total inability to act normally even at awards shows with millions of people watching.

    Yah, don’t let the latest scandal-of-the-week upset your faith in the hip hop or rap communities. Uh-uh.

    Loser.

  10. Eminem blows. Another no talent rapper who’s too stupid to study real music. Too much work. “What?!? Me? Learn a SKILL? Yo, what up wit dat crazy ques, ya’ll? I don’t DO no studying!!”

    Flash in the pan, soon to be forgotten as a relic of non-musical history.

  11. um, yes clubs DO pay royalties. ASCAP charges an annual fee to rent the catalog ($5000 when I worked in a club), and if you don’t pay it you can COUNT on hearing from their lawyers and/or being sued outright. At least, such has been my experience. You don’t want to mess around with those people…

  12. Jeff, there may not be a royalty on live performance of a “cover” song, but there are contracts for “mechanical” (CD, tape, etc.) and “digital” (downloads, streaming, etc.) distribution.

    http://www.vocalist.org.uk/recording_cover_songs.html

    I had to look this up recently with the release of the TV series THE GREATEST AMERICAN HERO on DVD, which had a lot of changed music. (Carl Sagan’s COSMOS was delayed on DVD because music had to be recontracted. The DVDs contain tracks different from the original broadcast and earlier VHS release.) I think the pilot of GAH had two original artist recordings, while all other series music was performed by Joey Scarbury, who also performed the title song. Perhaps the original airings were covered by the sort of “blanket” contracts broadcasters use, or maybe new contracts were simply too expensive.

    Anyway, the GAH discs didn’t get ridiculous until one episode where Ralph was magnetized by an electric space monster. While passing the front of Maxwell’s car the horn honked. Ralph cautiously stepped forward and the horn honked again. Ralph then playfully fanned the air causing the horn to honk “shave and a haircut.” On the DVDs we hear the first two honks, but no “haircut” tune. Anyone who hadn’t seen the episodes originally, or who had not followed the tempo of Ralph’s hand would be wondering what the heck he was doing, and why it irritated Maxwell. Come on! Even ROGER RABBIT used “shave and a haircut!” It’s a good thing no one was singing “Happy Birthday.”

  13. to all the hip hop haters…let me guess – you are white aren’t you? LOL

    Please note: what you see on MTV does not represent rap at all. That is just the same as all other bubble gum pop that music execs shove down our throats.

    Real rap exists and their are talented rappers that rap about positivity and display the art of story telling.

    For people as “smart” as mac users, they can be awfully ignorant. Ferchrissake, you are taking MTV playlists and superimposing that music as representative of all rap music?

    puleeeze.

  14. hip hop fan — No, all we’re doing is judging by the REAL WORLD actions of so-called hip-hop “stars”. All I see is a buncha thugs -displaying this pitiful, street mentality, poseur-type bravado that ends up in violence. Show me your “peaceful” performers and your “storytellers” and I’ll show you one fat rap & hip hop artist gunning down another, hip hop “women” (sic) getting into bitch-brawls with each other, rap “stars” carrying weapons with them everywhere they go snf shooting rivals, idiots at the Hip Hop Awards not even being able to act like human beings, and on, and on, and on . . .

    And no, rap ISN’T legitimate music. It’s actually closer to what you called it, ironically — storytelling. IMHO, bad storytelling.

  15. If I recall, this wasn’t Apples fault, it was TBWA/Chiat/Day. Their the ones that made the commercial and someone apparently neglected to check waivers/permission/release, etc.

    My guess that Apple isn’t paying squat for this. When a large company such as Apple hires an ad agency for this kind of stuff, it usually states in the contract who’s responsible for this kind of thing. And with Apple’s legal, I seriously doubt that they missed this one.

    That’s my 50 cent.

  16. “Do you need permission to do a cover of a song? There are a LOT of cover bands that play clubs and bars– do they have permission? Whats the difference?”

    You’re right. There’s absolutely no difference between a bunch of unknowns playing covers down the street at Joe’s Bar and a large corporation with a highly regarded ad agency using music without permission in a national TV ad campaign.

  17. Lt. Steven Hauk: Furthermore, you are to stick to playing normal modes of music, not weird stuff. Those who we’d find acceptable here would include Lawrence Welk, Jim Nabors, Mantovani…

    Adrian Cronauer: …Percy Faith…

    Lt. Steven Hauk: Percy Faith… good!… Andy Williams, Perry Como, and certain ballads by Mr. Frank Sinatra.

    Adrian Cronauer: Would Bob Dylan be outta line?

  18. M&M sucks, but if Apple used my song in a national ad (even with a 10 year old singing it) without paying for it, I would sue too. If you don’t sue, every other company out there will take it as Carte Blanche to use your material for free and the next thing you know a bald “Mr. Clean” is singing your song…

  19. To In honor of JFK’s Head’s blah blah blah: Here’s an idea — try READING the post I made, idgit!

    I NEVER said it shouldn’t be available if people want it, shit-for-brains. I said that I think it SUUUCCCCCKKKKKKKKSSSSSSSSS!!!!

    AND that it’s populated by a bunch of hoodlums and cretins – like M&M. Scumbags who kill each other and get into brawls at the drop of a hat. In other words, punkass morons with minimal “talent” and even less class.

    http://www.livedaily.com/news/7339.html

    Oh yaah, did I mention that the “music” SUUUCCCCCKKKKKKKKSSSSSSSSS!!!!?

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