Rapper Eminem sues Apple (again)

[AppleInsider]

A dispute between Eminem and Apple Inc. has once again come to legal blows, with the Detroit rapper and his music publisher filing a multimillion-dollar lawsuit against the iTunes operator for alleged copyright violations.

Filed Monday in the U.S. District Court in Detroit, the formal complaint is the latest move by Eminem's music publishers to aggressively protect the rights to his music, according to the Detroit News.

At issue is is whether record labels have the right to turn an artist's CD recordings into digital music downloads on the Internet, or whether further permission is needed from the music publishers who hold the copyrights to the lyrics and sheet music.

Typically, Apple collects 99 cents each time an iPod owner downloads a song, with the company paying 70 cents of that amount to the recording label. The recording label, in turn, then typically pays 9.1 cents to the music publisher.

In their complaint filed Monday, Eminem's music publisher and copyright manager, Eight Mile Style LLC and Martin Affiliated LLC, allege that although Apple pays a portion of the revenues it collects from Eminem downloads to recording giant Universal Music Group, Eight Mile Style and Martin Affiliated have never authorized Universal to allow the downloads.

"Eight Mile and Martin have demanded that Apple cease and desist its reproduction and distribution and Apple has refused," the suit charged.

This isn't the first time that Apple and Eminem turned to the courts. In 2004, Eight Mile Style and Martin also sued Apple over its use of the Eminem song "Lose Yourself" in a TV commercial for Apple's iTunes music store. The ad, which aired on MTV, featured a 10-year-old singing the lyrics to the Oscar-winning track.

The suit was later settled out of court for an undisclosed financial sum.

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[waytogobuddy]

Apple: 30 cents
UMG: 60.9 cents
Artist: 9.1 cents

suing the wrong person much?

Eminem should have thought about his music rights before Universal bent him over.

[icerabbit]

Why doesn't Eminem just dig a hole and crawl into it?

He certainly isn't doing himself any favors suing Apple for allowing iTunes store customers to buy his songs. I hope Apple & Universal pull the plug on him. Done.

[mbaynham]

as much as i like his music, why is he suing people if they are getting him coverage and making him money?

[roehlstation]

So he's shooting himself in the foot....why, if Apple stops selling his stuff on iTunes, who is buying his music? People with CD players? Ummm...ok.

Lead, Follow, or get out of the way.

Heck, even Metallica is selling on iTunes now.

[roehlstation]

Originally Posted by waytogobuddy

Apple: 30 cents
UMG: 60.9 cents
Artist: 9.1 cents

suing the wrong person much?

Eminem should have thought about his music rights before Universal bent him over.

Yeah, most of that 30 cents Apple gets goes right back into the cost of distribution, Apple doesn't really make that much on it. Eminem only had to record the thing once and just sit back and watch the money come in. Oh then pay his lawyers to sue Apple for entering into a completely legal agreement with the record label Eminem signed his contract with. Is he going to come after me now for listening to his music, or maybe for NOT listening to his music.

[britwithgoodteeth]

Originally Posted by roehlstation

Yeah, most of that 30 cents Apple gets goes right back into the cost of distribution, Apple doesn't really make that much on it. Eminem only had to record the thing once and just sit back and watch the money come in. Oh then pay his lawyers to sue Apple for entering into a completely legal agreement with the record label Eminem signed his contract with. Is he going to come after me now for listening to his music, or maybe for NOT listening to his music.

You should be a lawyer.

[syklee26]

there is no way Eight Mile just sued Apple only. I think they sued Apple AND Universal.

i can't see any culpability on Apple's end. Maybe Universal.

by the way, his music sucks. I am tired of his antics too. He is nothing but a bit more talented Vanilla Ice.

[mstone]

Originally Posted by roehlstation

Apple doesn't really make that much on it. Eminem only had to record the thing once and just sit back and watch the money come in.

And how many pennies do you think Eminem gets after his agent and publisher split up the 9 cents. Would anyone be surprised if he is flat broke? He's toast.

[Flounder]

Originally Posted by syklee26

by the way, his music sucks. I am tired of his antics too. He is nothing but a bit more talented Vanilla Ice.

I'm not a eminem fan, but I can recognize that he is talented, and about a million times more talented than vanilla ice

[roehlstation]

Originally Posted by mstone

And how many pennies do you think Eminem gets after his agent and publisher split up the 9 cents. Would anyone be surprised if he is flat broke? He's toast.

If he's flat broke, it is his own fault, no one forced him to make any deals with any record labels, I'm sure Apple would be happy to pull his stuff off iTunes, then we can watch Eminem slip back into obscurity. I really hope the fans create some backlash on this as well.

[roehlstation]

Eminem....the Draco Malfoy of the music business...

[Footloose301]

Originally Posted by mstone

And how many pennies do you think Eminem gets after his agent and publisher split up the 9 cents. Would anyone be surprised if he is flat broke? He's toast.

Thats what I was thinking. Spending too much money on bling and bitches.

He ought to start pairing up with people like Akon or T-Pain since they're in damn near every song anymore.

He really can't be making much. Off a new hit theres maybe 1000-2000 downloads each day and then his older stuff is probably 50-100 downloads per day.... I doubt he's pulling in the big bucks. I know many of his downloads are coming right off of LimeWire or Acquisition

[ChevalierMalFet]

Ahh yes, I forgot how much of a frigtard he was. Thanks for reminding me M.

[britwithgoodteeth]

Originally Posted by Footloose301

Thats what I was thinking. Spending too much money on bling and bitches.

If you're not 12 years old -- or retarded -- you should be embarrassed.

And why would you brain surgeons assume that he's going broke?

[Footloose301]

Originally Posted by britwithgoodteeth

If you're not 12 years old -- or retarded -- you should be embarrassed.

And why would you brain surgeons assume that he's going broke?

I should be embarassed.... why?

[britwithgoodteeth]

Originally Posted by Footloose301

I should be embarassed.... why?

Bling and bitches? Really?



You're like Pavlovian dogs, working yourselves into a lather whenever someone challenges Apple -- legitimately or not.

[pixiegirl]

Well it sure it screwing up the price of Apple's stock.

Pixie

[Footloose301]

Originally Posted by britwithgoodteeth

Bling and bitches? Really?



You're like Pavlovian dogs, working yourselves into a lather whenever someone questions Apple's infallibility.

Still don't see your point except for the fact that you can't take a joke and that you're blowing things way out of proportion. Also, what I said had nothing to do with "someone questions Apple's infallibility." It was all towards Eminem, nothing more.

[groverat]

Why is anyone angry at Eminem for defending artists against these massive corporate screw-jobs?

[roehlstation]

Originally Posted by Footloose301

Thats what I was thinking. Spending too much money on bling and bitches.

He ought to start pairing up with people like Akon or T-Pain since they're in damn near every song anymore.

He really can't be making much. Off a new hit theres maybe 1000-2000 downloads each day and then his older stuff is probably 50-100 downloads per day.... I doubt he's pulling in the big bucks. I know many of his downloads are coming right off of LimeWire or Acquisition

ummm...2000 a day? Where are you getting those numbers? 2000 a day times 365 days is 730,000 a year. They are selling more than 2000 a day.

The Marshall Mathers LP sold over 20 Million Copies. if they'd all been sold on iTunes. at 9 cents a track 20 million times 18 tracks on the album times 9 cents comes to: $32,400,000

The Eminem Show sold over 20 Million Copies, there are 20 tracks on that for $36,000,000. If sold as individual tracks on iTunes.

Obviously the pricing structure on albums are a little different, but those numbers don't seem very small to me.

They also get a lot of advances from the labels and what not. Anything he is spending on alimony, lawyers, agents, the mob and so forth is his own doing.

[trevorlsciact]

Originally Posted by roehlstation

Eminem....the Draco Malfoy of the music business...

[shamino]

This should be an open-and-shut case.

Who owns the copyright on the songs? Eminem or Universal? If Universal holds the copyright, then the case should be thrown out of court. If Eminem (or his company) holds the copyright, then both Universal and Apple are guilty of copyright violation.

If Eminem holds the copyright and Universal lied to Apple about ownership, it might absolve Apple of liability, but Apple would have to prove that. I assume Apple requires every content-provider to sign a contract stating that they hold the copyright on any provided content.

In other words, unless Apple was very stupid, Eminem's suit is either frivolous, or should be exclusively against Universal.

[Footloose301]

Originally Posted by roehlstation

ummm...2000 a day? Where are you getting those numbers? 2000 a day times 365 days is 730,000 a year. They are selling more than 2000 a day.

The Marshall Mathers LP sold over 20 Million Copies. if they'd all been sold on iTunes. at 9 cents a track 20 million times 18 tracks on the album times 9 cents comes to: $32,400,000

The Eminem Show sold over 20 Million Copies, there are 20 tracks on that for $36,000,000. If sold as individual tracks on iTunes.

Obviously the pricing structure on albums are a little different, but those numbers don't seem very small to me.

They also get a lot of advances from the labels and what not. Anything he is spending on alimony, lawyers, agents, the mob and so forth is his own doing.

I was pulling numbers out of my ass. I was trying to guess per song not per album, but appearently I was off a bit to say the least, lol. I think of it this way, how many artists have filled bankruptcy? Including some of the larger groups like TLC that filled just months after a hit album. As well as Toni Braxton and Janet Jackson.

So you're saying its more like 50,000 per day?

[roehlstation]

Originally Posted by groverat

Why is anyone angry at Eminem for defending artists against these massive corporate screw-jobs?

You answered your own question, problem is, he's not defending artist's against these corporate screw-jobs. Draco, I mean, Marshall is looking out for only himself, you know he has another album coming out this year, this is a publicity stunt. and these Massive corporate screw-jobs are what makes him money. These corporations are the ones putting forth the risk, they are the ones that could lose massive money if he completely tanks. Oh Poor Marshall, grew up in tough times in Detroit, so what, so does a lot of people, none of them are millionaires.

[Wally]

Originally Posted by groverat

Why is anyone angry at Eminem for defending artists against these massive corporate screw-jobs?

I think people are tired of Apple being pinned for something they aren't responsible for (it seems). If Eminem didn't "authorize" his music be sold on iTunes - when did he discover this? 2 weeks ago? Also, why is that Apple's fault. Apple doesn't buy CD's then burn them to put them on the store - they have a deal setup with the big labels. So if Eminem didn't "authorize" his music be sold on iTunes - then he needs to sue Universal.

[reallynotnick]

Oh cry me a fing river. If he does not want to make money take his shit off iTunes, it will make the store a better place and make him less money. I am all for that.

[derev]

Originally Posted by pixiegirl

Well it sure it screwing up the price of Apple's stock.

Pixie

A) The stock prices are in flux because of everything BUT meminem (ie: iPhone battery issues, pending wireless auction may also bring platform sharing rules, class action suits aplenty, wallstreet analysts advice, etc.)

B) The story about memenem does not mention if their are any related lawsuits against the record label. If their are, then the Detroit News is acting biased by only reporting about Apple.

[derev]

Originally Posted by groverat

Why is anyone angry at Eminem for defending artists against these massive corporate screw-jobs?

memenem is not defending anyone but his own self.

These massive corporate screw jobs are still happening because we keep electing assholes and let them become puppets of the machine!

[JeffDM]

Originally Posted by roehlstation

Yeah, most of that 30 cents Apple gets goes right back into the cost of distribution, Apple doesn't really make that much on it. Eminem only had to record the thing once and just sit back and watch the money come in.

Making a song is a lot harder than that description lets on, and it's not cheap, particularly studio time, and it's not just one recording take, I don't think anyone is that good.

Oh then pay his lawyers to sue Apple for entering into a completely legal agreement with the record label Eminem signed his contract with. Is he going to come after me now for listening to his music, or maybe for NOT listening to his music.

Yeah, the wrong company is being sued.

[madeincupertino]

the main reason apple is down today is because it has been rumored among some financial peeps that apple is cutting production of iphones (from 9 million down to 6 million).


as for this whole eminem thing as long as the music publisher is getting their 9 cents per song i dont see what the hell they are complaining about. that rate is statutory... there's no negotiations involved... congress sets that rate.

so they either get the 9 cents or they don't allow it and they get nothing.

pretty stupid if you ask me.

[icibaqu]

i'm impressed by how good you all are at missing the point:

"At issue is is whether record labels have the right to turn an artist's CD recordings into digital music downloads on the Internet, or whether further permission is needed from the music publishers who hold the copyrights to the lyrics and sheet music."

what form of distribution did he and universal agree to and does a different contract need to be drawn up to cover digital downloads. also, what did he relinquish in his contract with universal. none of which we know and all of which potentially makes apple a very liable defendant.

[roehlstation]

Originally Posted by JeffDM

Making a song is a lot harder than that description lets on, and it's not cheap, particularly studio time, and it's not just one recording take, I don't think anyone is that good.
.

Oh, i know that, my point is, they do the work once and everyone else handles it from there.

Also, that studio time is generally paid for by the label in the form of advances, especially after the artist has already made it big.



Can't say for sure who is at fault since we really haven't read the contract, but just knowing how other contracts go, how exactly distribution takes place is not generally covered.

[roehlstation]

Originally Posted by icibaqu

i'm impressed by how good you all are at missing the point:

"At issue is is whether record labels have the right to turn an artist's CD recordings into digital music downloads on the Internet, or whether further permission is needed from the music publishers who hold the copyrights to the lyrics and sheet music."

what form of distribution did he and universal agree to and does a different contract need to be drawn up to cover digital downloads. also, what did he relinquish in his contract with universal. none of which we know and all of which potentially makes apple a very liable defendant.

But they don't start out as CD recordings, CDs aren't recordings anyway, they are simply digital files. Unless something is stated specifically as to how it is to be distributed there is no case there. Radio stations receive the files as digital files, they don't get CDs sent to them anymore. The question becomes, are there specifics involved as to how the distribution happens? Is it in the agreement?

Why is he the only one not thrilled to be distributed in this growing form? iTunes has been a blessing for so many, especially independents. I'm thinking he's just mad that Fergie sells more tracks on iTunes than he does.

Beware: don't sell your Eminem CDs at your garage sale, Marshall will be watching.

[city]

Eminem should get a job if he needs money

[Clive At Five]

Originally Posted by waytogobuddy

Apple: 30 cents
UMG: 60.9 cents
Artist: 9.1 cents

suing the wrong person much?

Eminem should have thought about his music rights before Universal bent him over.

Granted, the monetary displacement unfair for Eminem, but that's not the right reason to sue UMG. His complaint is with UMG, e.g. they're allowing digital sales without Eminem's consent.

Apple should get a cease and desist letter from Eminem's lawyer... nothing more.

All this aside, UMG owns Eminem's music. They can do whatever they want with it. If you want the rights to your tunes, use a label you trust, or do what ever self-respecting successful musician does: start your own. He's a millionaire, no? I'm sure he could manage it.

-Clive

[pixiegirl]

Originally Posted by madeincupertino

the main reason apple is down today is because it has been rumored among some financial peeps that apple is cutting production of iphones (from 9 million down to 6 million).

Yes that is the main reason the stock is down, the rumored iPhone cut back however that has already been said in the news there is no information to back that up at all and the stock isn't recovering like I hoped. As a day trader I'm intimately involved with aapl and pissed right now about this pull back. Oh well such is life.



pixie

[roehlstation]

Originally Posted by Clive At Five

Granted, the monetary displacement unfair for Eminem, but that's not the right reason to sue UMG. His complaint is with UMG, e.g. they're allowing digital sales without Eminem's consent.

Apple should get a cease and desist letter from Eminem's lawyer... nothing more.

All this aside, UMG owns Eminem's music. They can do whatever they want with it. If you want the rights to your tunes, use a label you trust, or do what ever self-respecting successful musician does: start your own. He's a millionaire, no? I'm sure he could manage it.

-Clive

He has his own label, but that label isn't big enough to handle production and distribution. If he wants to control distribution, make sure it is covered in the contract, do it yourself, or go back to singing in the clubs.

The irony comes from someone suing for copyright infringement who's stage name sounds an awful lot like a world famous colorful chocolate candy.

[Mitch1984]

I like Eminem but it seems like he'd rather make money by suing rather than rapping.
Plus he should be suing universal not Apple.

I'm sure Universal would just say, well Mr Mathers, we want to do our own iTunes but them b@stards at Apple have an 80% share and the iPod. If we do own then we could afford to give you a bigger piece of the pie.

Universal are also onto Youtube when any of their clips go on YouTube. They are even gonna do their own youtube.

[quinney]

Originally Posted by roehlstation

The irony comes from someone suing for copyright infringement who's stage name sounds an awful lot like a world famous colorful chocolate candy.

Good one!!!