Eminem music publisher, Apple settle out of court
The lawsuit between rapper Eminem's publisher and Apple over the sale of the artist's songs on iTunes was reportedly settled out of court Thursday evening.
Eight Mile Style had sued Apple, creator of iTunes, and Aftermath Records, the company that controls Eminem's songs, contending that the artist's music was made available for download without his permission. The two parties went to trial one week ago over the matter.
According to The Associated Press, an agreement was reached between Eight Mile Style and Apple Thursday evening. The details of the settlement were not revealed.
The trial lasted five days before Thursday's agreement. Earlier reports had suggested the court battle could conclude this week.
Apple had revealed in the trial's first day that Aftermath receives 70 cents for each iTunes download, and Eight Mile Style earns 9.1 cents. The Eminem publisher argued that further permission and new, separate contracts should be required for digital distribution. They felt the sale of the artist's songs on iTunes was not covered under the terms of their original agreement with Aftermath.
Eminem, whose legal name is Marshall Mathers, was not a part of the court proceedings.
In their complaint, Eight Mile Style asserted that they and Eminem were owed $2.5 million from Apple for the sale of the artist's songs. Of that, nearly half a million was said to stem from the musician's biggest hit, "Lose Yourself."
In response, Apple countered that it had legally obtained the rights to sell Eminem's songs from Aftermath. The company's attorney said in court that Eight Mile Style continues to cash royalty checks, which have amounted to "a lot of money."
This latest development looks to bring to a close yet another legal run-in between Apple and Eminem. In 2004, the artist 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 last week.
Eight Mile Style had sued Apple, creator of iTunes, and Aftermath Records, the company that controls Eminem's songs, contending that the artist's music was made available for download without his permission. The two parties went to trial one week ago over the matter.
According to The Associated Press, an agreement was reached between Eight Mile Style and Apple Thursday evening. The details of the settlement were not revealed.
The trial lasted five days before Thursday's agreement. Earlier reports had suggested the court battle could conclude this week.
Apple had revealed in the trial's first day that Aftermath receives 70 cents for each iTunes download, and Eight Mile Style earns 9.1 cents. The Eminem publisher argued that further permission and new, separate contracts should be required for digital distribution. They felt the sale of the artist's songs on iTunes was not covered under the terms of their original agreement with Aftermath.
Eminem, whose legal name is Marshall Mathers, was not a part of the court proceedings.
In their complaint, Eight Mile Style asserted that they and Eminem were owed $2.5 million from Apple for the sale of the artist's songs. Of that, nearly half a million was said to stem from the musician's biggest hit, "Lose Yourself."
In response, Apple countered that it had legally obtained the rights to sell Eminem's songs from Aftermath. The company's attorney said in court that Eight Mile Style continues to cash royalty checks, which have amounted to "a lot of money."
This latest development looks to bring to a close yet another legal run-in between Apple and Eminem. In 2004, the artist 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 last week.
Comments
Apple agreed to keep selling his music.
Win/win/win.
score Eminem 2, Apple 0
In their complaint, Eight Mile Style asserted that they and Eminem were owed $2.5 million from Apple for the sale of the artist's songs. Of that, nearly half a million was said to stem from the musician's biggest hit, "Lose Yourself."
In response, Apple countered with a song entitled "Go F Yourself!" (apologies for the crude thought, just my warped sense of humor).
One wonders if Apple might not want to carry Eminem in the future...assuming Eminem has a future.
Haha- knew it.
score Eminem 2, Apple 0
You knew what exactly?
For all you know, Apple could have said they were going to immediately pull all of his songs out of iTunes, in which they responded, "Oh, nevermind then."
You knew what exactly?
For all you know, Apple could have said they were going to immediately pull all of his songs out of iTunes, in which they responded, "Oh, nevermind then."
And from what planet do you reside?
Is it Jupiter or Planet Claire?
Haha- knew it.
score Eminem 2, Apple 0
I doubt Apple lost or had to give up anything.
They were simply named because they were selling the songs licensed from Aftermath.
Had Apple not been named, Aftermatch could have said in court that Apple was actually distributing the music and they weren't named in the lawsuit so the case against them (Aftermath) should be tossed out.
And from what planet do you reside?
OK, you seem to know something that no one else does. What did Apple lose? You think that Apple just totally caved and gave them everything they wanted?
Is it Jupiter
Jupiter is a city too.
You knew what exactly?
For all you know, Apple could have said they were going to immediately pull all of his songs out of iTunes, in which they responded, "Oh, nevermind then."
Yeah then he be stuck with crappy MP3 sales from Amazon and Walmart!
I'm all for fair payment, but Eight Mile might consider not bitting the hand that feels you.
Feels who? Me? Why are you mixing me into this? Joking aside - I wouldn't describe Apple as the hand that feeds Eminem. Apple is a middleman and as such is implicated but not the true defendant. The way I see it Eight Mile is just standing up against what it sees as unfair business practices. I don't see anything wrong with that (even though I know nothing of the inside machinations here).
One wonders if Apple might not want to carry Eminem in the future...assuming Eminem has a future.
Why wouldn't Eminem have a future? And why wouldn't Apple want to sell his music? This has nothing to do with taste in music, or personal dislikes. Getting along was never a prerequisite for doing business. And this is just business.
Haha- knew it.
score Eminem 2, Apple 0
Without knowing the details of the settlement, you still manage to declare a winner. You should put your "skill" to work in forecasting winning lottery numbers ... that would have the same relevance as most of your posts.
For all you know Apple might well be in the exact same position as before this case came to court .
For all you know Apple might well be in the exact same position as before this case came to court .
Dream on.
If Apple was innocent, why would they settle?
You think that Apple just totally caved and gave them everything they wanted?
NO, not at all.
I doubt Apple lost or had to give up anything.
They were simply named because they were selling the songs licensed from Aftermath.
Had Apple not been named, Aftermatch could have said in court that Apple was actually distributing the music and they weren't named in the lawsuit so the case against them (Aftermath) should be tossed out.
Are we reading the same story? I had read that Eminem was suing Apple. That's slightly different than being merely "named".
Are we reading the same story? I had read that Eminem was suing Apple.
Apparently not. Eminem himself was not doing the suing, his publisher was. Reread the story headline and first sentence.
That's slightly different than being merely "named".
No, it's not. Entities are named in a suit.
But some things do seem a little confusing.
Eight Mile Style had sued Apple, creator of iTunes, and Aftermath Records, the company that controls Eminem's songs, contending that the artist's music was made available for download without his permission. The two parties went to trial one week ago over the matter.
Isn't that 3 parties?
According to The Associated Press, an agreement was reached between Eight Mile Style and Apple Thursday evening. The details of the settlement were not revealed.
What about Aftermath Records?
Are we reading the same story? I had read that Eminem was suing Apple. That's slightly different than being merely "named".
All your posts are so difficult...
You can't simply put someones name on a lawsuit without them being part of the lawsuit.
It was more for effect than actually thinking he could/would get something from Apple.
It was to better his chances of the lawsuit not getting thrown out.
Had he attempted to sue only Apple, it would have gotten laughed out of court.
Apple (and all other retailers) do not have contract with him nor do they need one. Apple has a contract with Aftermath, who is the distributor and has contract that allows them to let Apple sell the songs.
Do you think Apple will pay Eight Mle/Eminem more out of their 30%? And still pay Aftermath 70%?
They don't have a contract with him.
All your posts are so difficult...
You can't simply put someones name on a lawsuit without them being part of the lawsuit.
It was more for effect than actually thinking he could/would get something from Apple.
It was to better his chances of the lawsuit not getting thrown out.
Had he attempted to sue only Apple, it would have gotten laughed out of court.
Apple (and all other retailers) do not have contract with him nor do they need one. Apple has a contract with Aftermath, who is the distributor and has contract that allows them to let Apple sell the songs.
Do you think Apple will pay Eight Mle/Eminem more out of their 30%? And still pay Aftermath 70%?
They don't have a contract with him.
Your posts still don't answer my question- If Apple is inccocent then why are they settling?
Are you that daft?
Apparently not. Eminem himself was not doing the suing, his publisher was. Reread the story headline and first sentence.
I suggest you reread the last paragraph of the article.