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MacNut
May 18, 2004, 12:23 PM
Judge: Eminem Can Sue Over iPod Commercial

Eminem can move ahead with his $10M lawsuit over the unauthorized use of his song, 'Lose Yourself.'

A federal judge says Eminem can move forward with his copyright infringement lawsuit against Apple Computer Inc., MTV's parent company Viacom and the advertising agency TBWA/Chiat/Day over the use of his song "Lose Yourself" in a commercial for the computer company's iPod music player and iTunes music service.

A lawyer for the hip-hop artist, 31, said his client would seek more than $10 million in damages.

The TV ad -- featuring a 10-year-old boy singing the Oscar-winning theme song to the rapper's movie "8 Mile" -- appeared several times over a three-month period beginning in July 2003 and on Apple's Web site, despite the fact that the computer company had unsuccessfully sought Eminem's permission for the campaign, reports the Associated Press.

On Monday, U.S. District Judge Anna Diggs Taylor ruled that she would allow the endorsement and copyright claims to go to trial, but she threw out two Michigan state law-based claims of unfair competition and unjust enrichment, according to the Detroit News.

Herschel Fink, a Detroit lawyer for the defendants, said no viewer would think Eminem was endorsing the iTunes service.

"Just the words and lyrics can't give rise to an endorsement claim that Eminem endorsed Apple's iPod or iTunes where his likeness was not used," Fink told the News.

Howard Hertz, a lawyer for Eminem and his music publisher, told the paper that he was pleased that the judge allowed the case to go forward, even though portions of it were dismissed, and that his client has never nationally endorsed any product.

PlaceofDis
May 18, 2004, 12:35 PM
greedy untalented person just wants more money for free publicity

King Cobra
May 18, 2004, 03:55 PM
EMINEM has some serious talent (on occasion, I can write even better sounding lyrics than his), but I don't like that the drug-doer wants to take 0.25% out of Apple Computer Inc. Pretty stupid that someone would want to hurt Apple like that.

krimson
May 18, 2004, 03:58 PM
what does a person doing drugs have to do with using a song without permission?

virividox
May 18, 2004, 04:07 PM
oh well apples mistake for going ahead without his approval

kuyu
May 18, 2004, 04:24 PM
Eminem has had iPod's in his video's (I'm pretty sure), and his buddy 50 cent has too.

Maybe Apple should sue him for $11 million for trying to convince people that Apple endorses him!!! What's wrong with a little free publicity?

"I'm Slim SHADY, yes I'm the real SHADY!"

time to lump eminem in with metallica, dr. dre, and the rest of the "It's all about the music as long as we're making multi-millions of dollars" crowd.

bellychris
May 18, 2004, 04:36 PM
def apple's mistake, but it does piss me off that Eminem has to sue, he hasn't lost anything from those commercials. Its weird because Eminem is in the iTunes store, so whats the big deal about Eminem's lyrics being in the ipod commercial, its kind of like advertisment for Eminem in the iTunes store. I know its an ipod commercial not iTunes but both products go hand and hand.

So when lets say places like Best Buy say they sell the new Foo Fighters cd for 10 dollars on a tv ad, does Best Buy need permission from Foo Fighters?(just an example)

Another thing, I wonder if the people in the commercial were real actors or just people wanting to go onto a ipod commercial, kind of like the switcher ads. If they were non-actors, im curious if they pick what song they wanted to sing.

Jovian9
May 18, 2004, 04:46 PM
EMINEM has some serious talent (on occasion, I can write even better sounding lyrics than his).

There are hundreds of MC's with more talent than eminem.......all one has to do to find them is look outside of MTV, radio, and your local SamGoody mega-chain store. Lots of marketing does NOT = lots of talent.

Eminem has had iPod's in his video's (I'm pretty sure), and his buddy 50 cent has too.

Maybe Apple should sue him for $11 million for trying to convince people that Apple endorses him!!! What's wrong with a little free publicity?

Everyone should make an attempt to find a video (with an Apple iPod in it) by eminem, 50 cent, or d12....and post a link to the video here.....and spread the word about it.

LethalWolfe
May 18, 2004, 05:01 PM
So when lets say places like Best Buy say they sell the new Foo Fighters cd for 10 dollars on a tv ad, does Best Buy need permission from Foo Fighters?(just an example)



In my experience the labels pay for those ads.


Lethal

Rower_CPU
May 18, 2004, 05:33 PM
Please include links to the original story when posting current events.

grapes911
May 18, 2004, 05:49 PM
http://forums.macrumors.com/showthread.php?t=72195