Eminem publisher begins trial with Apple over royalties

[AppleInsider]

Unable to reach a settlement before Thursday, Eight Mile Style, publisher of rapper Eminem, and Apple went to trial over royalties for the sale of the artist's songs on iTunes.

Also a target of the publisher is Aftermath records, the company that controls Eminem's songs. Eminem and Eight Mile Style have alleged that Apple is offering downloads of his songs without proper permission.

According to The Associated Press, Apple revealed in day one of the trial that Aftermath receives 70 cents for each iTunes download, and Eight Mile Style earns 9.1 cents for each song sold.

Apple has argued that its agreement with Aftermath has granted it the right to sell Eminem's songs. Eight Mile Style, in return, has not asked for the company to stop selling the artist's songs. Apple's attorney noted that the company continues to cash its royalty checks, which have amounted to "a lot of money."

But Eight Mile Style and Eminem assert that they are owed $2.5 million from Apple on the sale of the artist's songs. Of that, nearly a half-million is from his biggest hit, "Lose Yourself."

Eminem, whose legal name is Marshall Mathers, is not expected in court for the trial, which could last a week.

The artist has had his share of legal run-ins with Apple in the past. In 2004, he sued over the use of the song "Lose Yourself" in an iPod ad. The issue was later settled out of court for an undisclosed sum.

In 2007, he sued again over alleged copyright violations. That complaint eventually led to the trial that began Thursday. At the heart of the matter is whether record labels have the right to turn an artist's recordings into digital downloads for sale on the Internet. Eminem and Eight Mile Style believe that further permission and new, separate contracts should be required for digital distribution.

[ View this article at AppleInsider.com ]

[SpamSandwich]

Meh..........

[teckstud]

In 2004, he sued over the use of the song "Lose Yourself" in an iPod ad. The issue was later settled out of court for an undisclosed sum.

Steve Jobs is/was a fan of Marshall Mathers? Who knew?

[Timon]

Apple should not even be involved in this action. The action should only be against Aftermath records. Eminem is just looking for the deep pockets which shows he's greedy.

[Guartho]

I hate to defend someone like Eminem, but it's probably his attorney that's the greedy bastard and going after the deep pockets. He'll get a percentage so the bigger the settlement the bigger his slice.

Also, I don't want to hear trademark and copyright complaints from someone who isn't made of chocolate and candy but calls himself Eminem.

[15inchbrich]

Originally Posted by Guartho

Also, I don't want to hear trademark and copyright complaints from someone who isn't made of chocolate and candy but calls himself Eminem.

It took a second, but now ROFL.

[AjitMD]

There is a whole industry made of blood sucking leeches (aka lawyers) suing Apple. Same in health care... a whole bunch of blood suckers going after doctors, hospitals or anybody making an honest living.

[BuzDots]

I bet he (Eminem) is just some big bucks bitch!

What a waste of oxygen.


Ask me how I really feel...

[paxman]

Originally Posted by Timon

Apple should not even be involved in this action. The action should only be against Aftermath records.

So it seems to me, too. I wonder if it is the reporting that makes it appear that Apple is the main target. There is definitely more to this than meets the eye, though. Does Apple charge less per sale relative to number of sales per track? maybe there's an issue there?

Originally Posted by Timon

Eminem is just looking for the deep pockets which shows he's greedy.

That's dumb. Think of him what you will but it seems disingenuous to call him greedy. What about Aftermath Records? He is the artist, after all and bully for him for questioning the status quo and taking a stand. I wonder how many musicians would have liked to have done the same but didn't have the firepower (money) to take on the fight. I don't see what his success, or type of music for that matter, has to do with the issue at hand.

[teckstud]

Originally Posted by AjitMD

There is a whole industry made of blood sucking leeches (aka lawyers) suing Apple. Same in health care... a whole bunch of blood suckers going after doctors, hospitals or anybody making an honest living.

Ok so have Obama reform it and give me my free public optioned iMac. I'm all for it!

[myapplelove]

Rumor has it eminem -the attention hog he is- will be bringing Bruno along with him. Word is that he's grown too accustomed to his butt chicks to do without.

It's a free country, he has every right to appear with an extra pair of butt chicks if he pleases to.

[mr O]

Hasn't Eight mile got a deal with Universal?

If so, it is Universal Eminem should be after. As Universal has been clumsy with the copyrights while doing business with Apple iTunes?!

I can't see Apple stealing music from artists. It looks like a misunderstanding with Universal.

[OC4Theo]

Apple should just pull his songs off the iTunes. He is cashing the checks and complaining. Uneducated artist, he signed the rights to Aftermath. They get 7 times of what he gets.

Pull the damn songs off iTunes!

[Cubert]

Ummmm.....you're suing the wrong company, fool! Apple shouldn't even be brought into this.

[nuvolino]

awwww poor eminem go on have a bit of a cry cos you can't control your managers you stupid untalented F@%ktard

[Bowser]

Motivated by both his lawyers and Apple's success. The issue is with his distributor, not with Apple. Apple is only being brought into this because of the "deep pockets" effect. Greedy whigger.

[shamino]

Apple should only be a defendant here if they did not have permission from the copyright holder to put the songs on the store.

Based on what I've read so far, Eight Mile Style (Eminem's production company) holds the copyrights and licenses Aftermath as a distributor. Apple says they have permission from Aftermath.

So it ultimately comes down to whether Aftermath was given license from Eight Mile Style to authorize digital distribution deals, and whether or not Apple knew. Which means one of three possible outcomes:

1. Aftermath does have permission to authorize digital distribution. If so, case closed. Eight Mile Style can try to negotiate/sue Aftermath for a larger cut of the profits or to change the contract, but that's about it.
2. Aftermath does not have permission to authorize digital distribution, but Apple did not know this. Apple probably has to pull the songs from the iTunes Store and may have to pay Eight Mile Style. Apple would then almost certainly sue Aftermath to recover any such payment. Aftermath probably has to pay Eight Mile Style punitive damages as well.
3. Aftermath does not have permission to authorize digital distribution and Apple knew they didn't have permission. The songs get pulled from the iTunes Store, and both Apple and Aftermath pay damages and penalties.

Without knowing any of the facts here, nobody can say what the outcome might be. It will be interesting to find out.