Apple, rapper Eminem could end up in court over iTunes battle

Posted:
in iPod + iTunes + AppleTV edited January 2014
If Apple and Eight Mile Style LLC, publisher of artist Eminem, are unable to resolve a dispute by Thursday, the two parties will end up in trial over the sale of songs on iTunes.



The lawsuit stems from 2007, when the rapper sued Apple over the sale of his songs in iTunes, alleging the tracks were sold without his blessing. Also included in the lawsuit is Aftermath Records, the company that controls Eminem's songs.



According to Reuters, the matter will head to trial this week if the parties involved are not able to reach a last-minute deal. Eminem and Eight Mile Style allege that Apple is providing downloads of the artist's song through iTunes without proper permission. Apple, along with Aftermath Records, contends that not only is their arrangement legal, but the publisher has received royalties for the sale of songs on the iTunes Music Store.



A conference with Judge Virginia Morgan is scheduled for Wednesday with the involved parties in Ann Arbor, Mich.



Under most contracts with their labels, artists receive around 20 cents -- or less than 30 percent -- of the approximate 70 cents Apple pays labels for the sale of each 99 cent song sold, under the assumption that such sales are part of a distribution deal. But Eminem's attorneys have argued that since digital sales differ from traditional record store sales. They say the music content has long been licensed with restrictions, and artists should see a 50-50 split, or about 35 cents a song, per their existing agreements.



When songs are sold on iTunes, the overhead usually required to promote and distribute is no longer the responsibility of the record label. Instead, that responsibility falls on Apple, which runs the iTunes Music Store. As such, Eminem and Eight Mile Style believe that the artists are entitled to a larger share of digital downloads, and less should go to the labels.



Eminem and Apple have had their share of disputes in the past. In 2004, the rapper sued the iPod maker after he alleged that Apple illegally used the song "Lose Yourself" in an advertisement without his permission. That suit was later settled out of court for an undisclosed sum.
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Comments

  • Reply 1 of 41
    Looks like another out of court settlement. Next.
  • Reply 2 of 41
    Quote:
    Originally Posted by teckstud View Post


    Looks like another out of court settlement. Next.



    Naw Eminem going to release a rap diss record about Apple
  • Reply 3 of 41
    crebcreb Posts: 276member
    Sam Kinison sums it up for me in his song Rap Sucks on his Live from Hell album.
  • Reply 4 of 41
    saareksaarek Posts: 1,144member
    Artists should get more and downloads should be cheaper than buying a physical CD, good luck Mr Mathers, I hope you can kick start a revolt against greedy studios!
  • Reply 5 of 41
    Quote:
    Originally Posted by saarek View Post


    Artists should get more and downloads should be cheaper than buying a physical CD, good luck Mr Mathers, I hope you can kick start a revolt against greedy studios!



    if artists don't like their corporate masters then maybe they should pay for all the production costs of their albums themselves?



    the last beyonce album had something like 5 videos but i noticed the same actors between them so i'm guessing they were all shot at the same time. Figure $30 million or so production costs for the videos and another $5 million for the album.



    even madonna with all her cash still goes through a record company
  • Reply 6 of 41
    i see two issues going on here



    1. did Apple have permission to sell the tracks. very likely yes. they would have paperwork between themselves and the controlling company. now if the controlling company didn't have the power to make that deal is a separate issue that Apple can't be held for. not unless you can prove that Apple knew the company didn't have the power and didn't care. but I doubt there is proof of that



    2. how much money the artists make. this is not an issue for Apple. this is between artist and holding company.
  • Reply 7 of 41
    Just take all his garbage music off iTunes.
  • Reply 8 of 41
    I take it in this case we are using the term "music" very loosely!
  • Reply 9 of 41
    Quote:
    Originally Posted by al_bundy View Post


    if artists don't like their corporate masters then maybe they should pay for all the production costs of their albums themselves?



    the last beyonce album had something like 5 videos but i noticed the same actors between them so i'm guessing they were all shot at the same time. Figure $30 million or so production costs for the videos and another $5 million for the album.



    even madonna with all her cash still goes through a record company



    They do pay for the production costs themselves, it is taken out of the money they get for the sales of the tracks. If you actually look at what the labels pay for it is not that much!



    This is interesting :-



    http://www.postaudio.co.uk/education...breakdown.html
  • Reply 10 of 41
    Quote:
    Originally Posted by parky View Post


    They do pay for the production costs themselves, it is taken out of the money they get for the sales of the tracks. If you actually look at what the labels pay for it is not that much!



    This is interesting :-



    http://www.postaudio.co.uk/education...breakdown.html



    It depends on the artist , someone like Eminem or Beyonce were their selling power is very high will get their lawyers to structure the deal, such that their label/record company would have support some of the production costs. Also record companies pay upfront money to the high calibre artists, who have consistent given a return.



    Note: average artist, i agree does have to pay all the production costs, but Eminem, very much doubt is one those artists.



    Also Eminem has his own label, which is taking a slice of the pie as well.
  • Reply 11 of 41
    Quote:
    Originally Posted by parky View Post


    I take it in this case we are using the term "music" very loosely!



    Let's not get into that discussion, since one one man's nightmare is another man's flavour.
  • Reply 12 of 41
    Quote:
    Originally Posted by souliisoul View Post


    Let's not get into that discussion, since one one man's nightmare is another man's flavour.



    Different strokes for different folks!

    Does the opera lover like country? Does the country music lover like opera?

    Do the Beatles like Apple?
  • Reply 13 of 41
    I hate these whinny musicians. I have my stuff on iTunes and I think that the deal is very fair. Eminem is just an idiot and they should just pull his crap off iTunes. The iTunes system is the best thing since the corner music store and they shouldn't change a thing.
  • Reply 14 of 41
    teckstudteckstud Posts: 6,476member
    Quote:
    Originally Posted by souliisoul View Post


    Naw Eminem going to release a rap diss record about Apple



    I hear his next video features the Pre.
  • Reply 15 of 41
    Quote:
    Originally Posted by teckstud View Post


    I hear his next video features the Pre.



    Oh no, not another Dr Pre and Enimem duet.
  • Reply 16 of 41
    Quote:
    Originally Posted by parky View Post


    They do pay for the production costs themselves, it is taken out of the money they get for the sales of the tracks. If you actually look at what the labels pay for it is not that much!



    This is interesting :-



    http://www.postaudio.co.uk/education...breakdown.html



    Just support your point for 'average artist', I found this US contract for musicians on the web (http://www.angelfire.com/tn/capitolm...nt/asm/six.pdf). Now I know its old (mentions 7", 45's and 33s), but it gives us additiona understanding of what is paid for with concern to recording costs (just need to include video productions costs).



    see part about recording costs below:-



    5. “Recording costs” means all costs incurred with respect to the production of

    sides embodying Artist’s performances. Recording costs include, but are not limited to,

    union scale, the costs of all the instruments, musicians, vocalists, background vocalists,

    conductors, arrangers, orchestrators, copyists, producers, etc., payments to a trustee or fund

    based on wages to the extent required by any agreement between the company and the

    various labor organizations in the music business, payments to a trust fund or bank account

    set aside for the purpose of paying recording costs, all studio payments and costs for the

    various engineers (master engineers, assistant engineers, mastering engineers, mixing

    engineers, post-mastering engineers and editing engineers), the costs for recording tape of

    all kinds, both analog and digital, editing in the digital editor, mixing or remixing, per

    diems or cartage fees (fees companies charge producers to deliver music instruments to the

    studio at specified times) rehearsal halls, costs of non-studio personnel involved in

    arranging the recording sessions, non-studio facilities that might be needed, equipment

    dubbing equipment, time involved in dubbing, transportation of various players,

    instruments and any other costs and expenses incurred in the production of music that the

    producer or producers deem necessary to complete the recording to industry standards of

    presentation to the major labels.





    here is another link giving you a basic understanding of traditional contract for average artist http://www.emeraldbayrecords.com/rec...contracts.html
  • Reply 17 of 41
    irelandireland Posts: 17,669member
    His next video shows Mariah Carey walking down the street on her iPhone getting hit by a car.



    Then her video shows him driving the car, and he's so short he can't see over the steering wheel.



    ---



    Then...



    His next video shows her dog holding the lead.



    She finally has enough, so her video after that shows him and Dr. Dre getting it on.
  • Reply 18 of 41
    re: here is another link giving you a basic understanding of traditional contract for average artist http://www.emeraldbayrecords.com/rec...contracts.html







    Here is another page regarding music contracts by musician/independent producer Steve Albini:



    http://www.negativland.com/albini.html



    If these assertions are half as true as they make them out to be, I guess I'd try to venture out on my own, since it appears that everyone is riding on the coattails of your talent, as long as you're worth exploiting.
  • Reply 19 of 41
    teckstudteckstud Posts: 6,476member
    Quote:
    Originally Posted by Ireland View Post


    His next video shows Mariah Carey walking down the street on her iPhone getting hit by a car.



    Then her video shows him driving the car, and he's so short he can't see over the steering wheel.



    Actually his next video features him and Lauren under the sheets playing with their Zunes and talking on their Prees.
  • Reply 20 of 41
    chris_cachris_ca Posts: 2,543member
    Quote:
    Originally Posted by DiscoNomad View Post


    I hate these whinny musicians. I have my stuff on iTunes and I think that the deal is very fair. Eminem is just an idiot and they should just pull his crap off iTunes. The iTunes system is the best thing since the corner music store and they shouldn't change a thing.



    The deal between iTunes and the label may be fair but the deal between the artist and the label are very often not fair at all.

    iTunes (and every other retailer) pays labels, not artists.
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