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Eminem and Apple Head to Court Over iTunes Distribution
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Apple may not be in the wrong (I don't know), but if this is true then they certainly don't have a valid deal.
In regards to all the Eminem hate, I'm not sure that he's actually involved in the lawsuit. It sounds like this may be between some shady (pun intended) execs and lawyers at 8 Mile who think they can get a few million more dollars. And you're all right. This sounds like it should be between 8 Mile and Aftermath, not 8 Mile and Apple.
The confusing part, to me, is that after The Slim Shady LP, Eminem started his own label, Shady Records. So where are they in this whole mess? In that case, it makes sense that Aftermath should not have given the okay to sell the music. Shady Records and their publishers should have.
The confusing part, to me, is that after The Slim Shady LP, Eminem started his own label, Shady Records. So where are they in this whole mess? In that case, it makes sense that Aftermath should not have given the okay to sell the music. Shady Records and their publishers should have.
I don't think Em will end up being the top selling artist in 2009 although he still has a big following. He did have the best release back in May in the 1st week (608,000 units) but plunged in the 2nd week. I pulled up the Billboard 200 Chart and did a quick perusal and I didn't find him anywhere so I'm not sure where he is on the charts right now. Here's a Billboard snippet from last June:
"Eminem's "Relapse" holds on to the No. 1 slot with ease, shifting 211,000 in its second week, down 65.3% from its whopping bow last week with 608,000. With 819,000 sold, "Relapse" has already become the fifth best-seller of the year. Taylor Swift's "Fearless" leads the pack with 1,173,000. So far, only two albums have shifted a million in 2009, "Fearless" and the "Hannah Montana: The Movie" soundtrack (1,004,000). At this point last year, believe it or not, only one album had surpassed a million -- Jack Johnson's "Sleep Through the Static."
publishing
let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!
let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!
It seems to me that people shouldn't be taking side on this one (such as "another reason eminem sucks!!!!") considering we don't even know all the facts of the case.
Are people that big of Apple gambits and rap haters that they make reactionary statements without even knowing the facts? God people, get a grip.
Are people that big of Apple gambits and rap haters that they make reactionary statements without even knowing the facts? God people, get a grip.
always side with the artist!
let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!
whether it's eminem, U2 or joe shmo' a lot of musicians write, produce, recruit fans, rehearse and perform their music giving the music industry an complete product but inside the biz we are at the bottom of the totem pole.
let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!
whether it's eminem, U2 or joe shmo' a lot of musicians write, produce, recruit fans, rehearse and perform their music giving the music industry an complete product but inside the biz we are at the bottom of the totem pole.
Eight Mile owned the rights. Apple infringed the rights, because Eight Mile had not licensed the music for digital distribution to Apple, or to a company Apple had an agreement with.
If Apple loses, the aftermath will include a lawsuit by Apple against... Aftermath.
You are totally right about the known or should have known. I remember when Apple used lose yourself in their ads, it was without permission. My recollection was that they made a deal with him to appear in their commercials later. Apple is no different than the kid who downloads here. They had been given notice by 8 Mile Style and I am sure the agreement with aftermath was shown to them and it appears pretty clear that certain protocols were not followed by aftermath to get permission. Once Apple is put on notice, they have to cease this activity. Is is not only 8 Mile Style that has a case against aftermath, but Apple may file a cross-petition for being initially duped, but Apple should have stopped once they were put on notice. That is what the all the current intellectual property legislation requires the companies do at first is to assert their rights against the little guy, then you must cease and decist while they put together the case where the penalty is lost profits and $150,000.00 per infringement. How is this any different? They were put on notice by the publisher and chose to go with what would line their pockets in the meantime. If the Apple lawyers are as good as everyone thinks they are, they would have seen that it is clear in the 8 Mile Style and Aftermath agreement that 8 Mile Style's permission was required for digital downloads, and sought damages against Aftermath for damages or other relief. If they knew and chose to ignore it, then how is that not piracy? I love the criticisms of Eminem, the attorneys on all sides except for Apple's attorneys and the legal process on this. The RIAA and their lawsuits are ridiculous. The money they receive from their wins go back into the RIAA to continually perpetuate litigation. The artists never see this money. The record companies never see this money. I have defended a number of criminal cases where the RIAA has chimed in with their craziness, making fools of themselves claiming record companies and artists not part of their "association", giving lost profit list prices, for example, on CD's at $29.99 (which is the retail price, they don't represent Best Buy or Walmart, they do not sell these albums for that much. Mind you, I am an Apple fan, I do not condone anyone stealing music, movies or software. But when you want to yell at everyone else who is stealing, you have to yell at Apple, as much as you love them, when they do it to. If the 13 year old cannot claim ignorance in downloading and sharing 36 Britney Spears songs (that is whole different kind of crime), Apple certainly cannot claim ignorance after seeing this contract. What makes Apple worse then the 13 years old who shares it, is that they made a profit off of sharing it.
Doesn't anyone know Apple never loses in court?
Even if he does win, Apple can sue Aftermath and get thrice the amount of cash he did.
Even if he does win, Apple can sue Aftermath and get thrice the amount of cash he did.
Well...
1. Anyone can sue anyone for anything. If the case has no merit then they'll lose and pay court costs (hopefully) .
2. 8 Mile has a case against Apple because Apple sold music they didn't have the rights to sell (assuming what 8 Mile claims it true). Apple may have legitmately believed they had the right, but that doesn't mean they get to keep the money.
3. If 8 Mile prevails against Apple, Apple will have a very good case against Aftermath. (Assuming Aftermath asserted to Apple that they did have the right to sell a download distribution deal to Apple -- I'm sure that's standard for every iTunes deal).
4. 8 Mile could go after Aftermath or Apple or both on this. They are probably just following the money. E.g., if you sue Aftermath and win $2 Million, but Aftermath has no money, what have you won except some leagal bills? If you sue Apple and win you know they've got the money to pay.
My guess is he'll leave Aftermath alone, since that's Dr. Dre's own label. Unless there's a recent grudge between the two (and I'm doubting there is), I don't think he'll go after them at all. Dre helped make Eminem who he is today.
Apple Corps / Apple Records: Founded in 1968
Apple Computer: Founded in 1976
Seems very 'similar' especially given how much of a fan Steve Jobs is of The Beatles.
Are you implying that if someone 'steals' something, they have no future rights against theft of their own property?
Pot, meet kettle.
Yep, good to see Emmy getting it back. Makes up for some of the pain that he's inflicted on the rest of us.
I don't think anyone has said he shouldn't get the money that's his (I hope he does and then chokes on it). The point is whether he should be suing the company that released his songs for download or the company that 'knowingly' gave them permission to do so while 'knowingly' not having the right to do that? But Apple's and 8 Mile's lawyers are a damned sight smarter than anyone on this forum, so I guess the real answer will come in time.
Or is that too much joined-up thinking for a "pro songwriter and an artist"?
That is where the legal system gets confusing... My dad bought a boat when he was young, and it turns out it was stolen. He didn't know. The police came took the boat, and the guy went to jail, but he had to go to court then to sue the guy to get his money back from the illicit sale (which took years to collect). Since this isn't criminal, Party A has goods that were given by Party B to Party C who didn't actually own them to sell. So, how does all the money get back where it should go? Party A has to sue everybody, then Party C has to sue Party B too?
Yeah it is because when I bought ALL of his albums it was Aftermath on them and still is, so who had the digital version of his albums then sent it to iTunes for iTunes Plus? Aftermath. I guess he rather believe Apple would betray him instead of Dr. Dre and Aftermath Records.
Sounds like he is trying to also get cash from Apple, I agree this sounds like a contract issue that has nothing to do with Apple.