Eminem sues Apple, MTV over use of song...
02-24-04, 02:20 PM
#1
DVD Talk Gold Edition
Thread Starter
Join Date: Oct 2000
Location: Pittsburgh, PA, USA
Posts: 2,456
Likes: 0
Received 0 Likes
on
0 Posts
Eminem sues Apple, MTV over use of song...
Link
If I remember correctly, the boy wasn't singing "Lose Yourself," it was "The Real Slim Shady." Anyone else remember this ad?
Also, Eminem needs to start lightening up. If Apple paid the proper licensing fees (which they probably did), then there's no case here. Many tv ads use cover versions of popular songs, but those artists don't sue over the "misuse" of their work." It's not like Eminem was the performer of the song and they simply downloaded the MP3 from the web and used it without getting permission.
DETROIT (Reuters) - Rap superstar Eminem (news - web sites), who claims he could fetch more than $10 million for endorsing a product, is suing Apple Computer Inc. on grounds it used one of his hit songs in a TV advertisement without permission.
Eight Mile Style, music publisher of the artist whose real name is Marshall Mathers III, filed the copyright infringement lawsuit last Friday in U.S. District Court in Detroit. It also names Viacom Inc., its MTV subsidiary and TBWA/Chiat/Day advertising agency as plaintiffs.
Spokesmen for Apple and Viacom were not immediately available for comment.
The lawsuit claims that Apple, in a television ad for its iTunes pay-per-download music store aired on MTV last year, featured a young boy with an iPod portable music player singing the lyrics to "Lose Yourself," the theme song for his hit movie "8 Mile" released in 2003.
The ad was also posted on Apple's Web site, the suit says.
"At no time did Apple, Chiat/Day or MTV receive authorization or permission to record, reproduce, perform, transmit, copy, use or otherwise exploit the composition ("Lose Yourself") for any purpose," it says.
"Defendants have acted intentionally, recklessly, willfully and in bad faith," it adds.
The suit does not spell out any specific damage claims. But it says Eminem, a Detroit native, is entitled to "exemplary damages" for the alleged use of a song it touts as having achieved "iconic stature" among hip-hop fans worldwide. Eminem and his co-writers won an Academy Award for the song.
"Eminem has never nationally endorsed any commercial products and therefore he indicated, though his manager, that even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million," the 15-page lawsuit says.
Eight Mile Style, music publisher of the artist whose real name is Marshall Mathers III, filed the copyright infringement lawsuit last Friday in U.S. District Court in Detroit. It also names Viacom Inc., its MTV subsidiary and TBWA/Chiat/Day advertising agency as plaintiffs.
Spokesmen for Apple and Viacom were not immediately available for comment.
The lawsuit claims that Apple, in a television ad for its iTunes pay-per-download music store aired on MTV last year, featured a young boy with an iPod portable music player singing the lyrics to "Lose Yourself," the theme song for his hit movie "8 Mile" released in 2003.
The ad was also posted on Apple's Web site, the suit says.
"At no time did Apple, Chiat/Day or MTV receive authorization or permission to record, reproduce, perform, transmit, copy, use or otherwise exploit the composition ("Lose Yourself") for any purpose," it says.
"Defendants have acted intentionally, recklessly, willfully and in bad faith," it adds.
The suit does not spell out any specific damage claims. But it says Eminem, a Detroit native, is entitled to "exemplary damages" for the alleged use of a song it touts as having achieved "iconic stature" among hip-hop fans worldwide. Eminem and his co-writers won an Academy Award for the song.
"Eminem has never nationally endorsed any commercial products and therefore he indicated, though his manager, that even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million," the 15-page lawsuit says.
Also, Eminem needs to start lightening up. If Apple paid the proper licensing fees (which they probably did), then there's no case here. Many tv ads use cover versions of popular songs, but those artists don't sue over the "misuse" of their work." It's not like Eminem was the performer of the song and they simply downloaded the MP3 from the web and used it without getting permission.
02-24-04, 03:48 PM
#2
DVD Talk Legend
I'm sure there's something buried in his contract that allows the record company to let his music be used in promotional material, so an ad for the iTunes Music Store would most likely be fair use, just like an ad for a record store could play a sample of his music.
VH1 uses his clips from his videos with his image in promotional bumpers. Has he signed a $10 million promotion contract with them?
This is the silliest thing a rapper has complained about since Coolio complained about Weird Al's Amish Paradise parody.
VH1 uses his clips from his videos with his image in promotional bumpers. Has he signed a $10 million promotion contract with them?
Eminem, a Detroit native, is entitled to "exemplary damages" for the alleged use of a song it touts as having achieved "iconic stature" among hip-hop fans worldwide.
02-24-04, 06:37 PM
#3
DVD Talk Gold Edition
Join Date: Jan 2002
Location: Portland, Oregon
Posts: 2,847
Likes: 0
Received 0 Likes
on
0 Posts
Originally posted by Jason
This is the silliest thing a rapper has complained about since Coolio complained about Weird Al's Amish Paradise parody.
This is the silliest thing a rapper has complained about since Coolio complained about Weird Al's Amish Paradise parody.
Amish Paradise was better lol. Eminem complained about Weird Al doing this song also, so there's another connection!
02-24-04, 08:17 PM
#5
DVD Talk Special Edition
Join Date: Nov 1999
Location: Raccoon City, OR
Posts: 1,721
Likes: 0
Received 0 Likes
on
0 Posts
Re: Eminem sues Apple, MTV over use of song...
Originally posted by NitroJMS
Also, Eminem needs to start lightening up.
Also, Eminem needs to start lightening up.
02-24-04, 09:36 PM
#6
DVD Talk Special Edition
Join Date: Jul 2001
Location: Tampa, FL
Posts: 1,733
Likes: 0
Received 0 Likes
on
0 Posts
Originally posted by Ergyu
Amish Paradise was better lol. Eminem complained about Weird Al doing this song also, so there's another connection!
Amish Paradise was better lol. Eminem complained about Weird Al doing this song also, so there's another connection!
02-25-04, 03:10 AM
#8
DVD Talk Gold Edition
Join Date: Jan 2002
Location: Portland, Oregon
Posts: 2,847
Likes: 0
Received 0 Likes
on
0 Posts
Originally posted by innocentfreak
From everything I ever read Eminem gave the ok for Weird Al to do a parody as long as he refrained from making a video for it.
From everything I ever read Eminem gave the ok for Weird Al to do a parody as long as he refrained from making a video for it.
02-26-04, 07:08 AM
#9
DVD Talk Legend
Re: Eminem sues Apple, MTV over use of song...
Originally posted by NitroJMS
If I remember correctly, the boy wasn't singing "Lose Yourself," it was "The Real Slim Shady." Anyone else remember this ad?
If I remember correctly, the boy wasn't singing "Lose Yourself," it was "The Real Slim Shady." Anyone else remember this ad?
Maybe what he's really upset about is that the boy was claiming that he was Slim Shady (yes, the real Shady), and that all the other Slim Shadys were just imitating. So Eminem felt that people might be confused by the ad, and, as the real Slim Shady, he needed to please stand up.
