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.
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.
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.
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.
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.
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.)
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.
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
AFAIK Eminem hasn't made any music. "Music" should be replaced with "noise".
Comments
Eminem....the Draco Malfoy of the music business...
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.
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?
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.
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.
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.)
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!
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.
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.
"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.
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.
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.
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
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
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.
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.
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!!!
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.
AFAIK Eminem hasn't made any music. "Music" should be replaced with "noise".