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Eminem's Publisher Sues Apple for Unauthorized Music Sales
- Thread starter MacBytes
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Apple makes more money then me so I'm gonna sue them and try to get some...yay for me the dead white rapper.
I don't have time to read every single comment posted on this right now so if this point was made by someone, please excuse me...
I seriously doubt that Eminem actually gets consulted about it. I mean really. How much of the winnings of this litigation do you really think he would get personally?
This is likely a stuffed shirt seat warmer who's trying to milk money on a legal technicality. It appears that Eminem's handlers are a little worse in this regard than other artists' are.
Agreed. Apple should withdraw Eminem's material from iTunes, until the matter's resolved. Or would that break Apple's agreement with Universal?
This surely can't be why AAPL's tanking
I really don't understand the premise of this suit, besides the very obvious "out of contract" part.
Lets say the publisher is right, what do they want?
How can they sue for damages when they've been receiving money for the downloads the WHOLE time.
Why would they want to end this or try and re-negotiate the contract? They risk making less than $.09 per download.
Lets say the publisher is right, what do they want?
How can they sue for damages when they've been receiving money for the downloads the WHOLE time.
Why would they want to end this or try and re-negotiate the contract? They risk making less than $.09 per download.
People should read threads or the article before they post so I am going to repost NtotheIzoo's post in its entirety. Maybe with it appearing twice some one will accidentally read it before writing "why is he suing Apple?"
Possible reason 1:
Possible reason number 2, From the article:
So let me barney-style it.
Eminem: Apple stop selling my music, Universal isn't allowed to allow you to sell it.
Apple: No.
Eminem's lawyers: We'll see you in court.
Apple's lawyers: Fine.
And that's without really trying to think of any reasons. They sort of leap out at you.
off topic...
iTunes, the future of music, I hope not.
Possible reason 1:
Possible reason number 2, From the article:
So let me barney-style it.
Eminem: Apple stop selling my music, Universal isn't allowed to allow you to sell it.
Apple: No.
Eminem's lawyers: We'll see you in court.
Apple's lawyers: Fine.
And that's without really trying to think of any reasons. They sort of leap out at you.
off topic...
iTunes, the future of music, I hope not.
Well, I guess when your career is tanking, sue. lol
The last album he released was a greatest hits album, two years ago, that sold over two and a half million copies in the US alone. Since then he's said he was taking a break, hence the name of the greatest hits album being Curtain Call.
If that's tanking, you have no idea how many musicians would cheerfully stand in line to perform fellatio on Satan to have their careers tank like that.
LOL indeed. LOL, LOL, and thrice LOL.
Agreed....
On another note, I have to say I stopped buying from Apple's iTunes store, not because I have a fault with them but because I realize the song quality isn't that great. Now, before you jump all over me, here's my quick story.
I spent about $3,000 in my infiniti FX to update my sound system (Bose speakers suck, no highs and lows), without pulling out the Navigational unit (would have been pointless and cost about $7,000 more). They put in a clean sweep unit that bypasses the main hub and adds an additional auxiliary input for my iPod, plus Focal speakers and two amps and a sub.
My point in all this, is that my CD's sound MUCH better than my iPod, and the installation shop asked me what quality my music was on my iPod. When I stated that I ripped all my CD's at around 192 kps and the rest was 128 kps from iTunes, they pretty much laughed, said I was nuts for spending this money and didn't charge me installation for feeling badly about it.
Basically, iTunes is compressed MP3, NOT the same as CD. So I ripped a few new CD's I bought (for the first time in yeeeeaaaarrrs, was an odd feeling) at Apple Lossless (literally means "lose less") and the quality was a HUGE difference, even through my headphones at the gym on my iPhone. Crystal clear. Granted, the songs are 10x bigger, averaging about 600 meg's per CD, but truthfully, why pay more for less? I'm still a fan of iTunes, but my eyes opened up to the reality that they are sub-CD quality tracks selling for roughly the same price you might buy a song from a CD.
Ok, now I'm ready for any attack lol
.
That is incorrect. As another poster mentioned some contracts can be very specific and it is in the artists best interest to make them as specific as possible or they may lose out on future income if the contract is too vague. This happens in other places too. For example, when selling old TV shows on DVD became big the studios had to go back and rework contracts for people who would receive residuals because their original contracts had no clause talking about DVD sales as DVDs didn't exist at the time.
As an aside, I love how so many people talk about "artist's rights" as a justification for pirating music (i.e. I don't pay for my music as a act of defiance against the greedy label's that screw over their bands) but when it's perceived that an artist is attempting to exercise those right's he's branded a greedy, no talent hack.
Lethal
I have a solution
This whole thing would be solved if Apple could somehow slowley sign individual contracts with individual artists. Skip the record labels, leave out the middle man. Then everyone's happy and the record companies all go bankrupt. How is that not perfect!
This whole thing would be solved if Apple could somehow slowley sign individual contracts with individual artists. Skip the record labels, leave out the middle man. Then everyone's happy and the record companies all go bankrupt. How is that not perfect!
No, that isn't anything like this. best buy doesn't create or own the rights to microsoft software. Best buy just sells it after they buy it form a distributor. Just like apple does with eminem's music.
Nope, no misunderstanding. Eight Mile Style LLC own the copyrights to eminem albums. (which I assumed eminem was part of. Since, it is run by his long time business associate, Jeffrey Bass - I could be wrong about him being involved in that company). Music publishers, actually own the copyrights to music and not the labels. They have the right to protect the copyright of the music.
Suppose I told you "you give me $100 and you can allow free downloads of all the Beatles songs you want off your website". And you set up a website to do this.
I own no particular right to grant you the right to do this, and you could sue me for fraud. However, as far as the Beatles are concerned, the fact that you failed to perform due diligence on me is irrelevant. You are the one whose action "injures" the Beatles.
That is the case that Eminem's side is presenting.
Yeah, but is there any "music publishers" anymore that aren't owned or in some way operated by the artists themselves?
I thought since the Beatles lost their catalogue to Michael Jackson just about every major artist established their own publishing company.
You can't tell me Eminem doesn't have a controlling interest in a company called "Eight Mile Style".
News Flash, Eminem:
This is how the music industry works. You sell your very soul to a label, they spend money to manufacture a celebrity with your image, and everybody gets rich. That's the deal, take it or leave it.
You'd still be in some downtown VFW hall in Detroit, shouting your raps to a handful of disinterested drunks for free beer and $8, if it wasn't for the label pimping you out. Now get back in your cage and shut up.
This is how the music industry works. You sell your very soul to a label, they spend money to manufacture a celebrity with your image, and everybody gets rich. That's the deal, take it or leave it.
You'd still be in some downtown VFW hall in Detroit, shouting your raps to a handful of disinterested drunks for free beer and $8, if it wasn't for the label pimping you out. Now get back in your cage and shut up.
Please. We've read the threads and the article. Eminem simply has no case against Apple. So let ME barney-style it.
Apple: Hey Universal, can we sell some of the music you have rights to on-line?
Universal: Sure Apple, here's all the stuff we are contractually able to sell through you.
Eminem: Hey - I'm not making enough money here - it isn't fair that Apple can sell the digital version of my music, I never explicitly said they could! I should ask them to stop.
Apple: It would be ludicrous if we had to stop selling certain songs that we are contractually able to sell whenever a tempermental artist is unhappy. So no. Take it up with Universal.
Eminem: No - I'd rather sue you. It makes for better headlines.
Apple lawyers: OK - good luck with that.
AAPL under attack from New Yorkers
AAPL is under attack from New Yorkers.
1. NY Consumer protection board is telling Steve Jobs that he should redesign the iPhone with a user replaceable battery.
2. Goldman Sachs is spreading FUD about a "reduction" in Apple's iPhone production numbers. They claim their rumor is for a reduction from 9 million units produced down to 4.5 million units.
To this I say: Hey the iPod has never had a user replaceable battery. Hasn't hurt sales and people don't seem to mind.
Goldman Sachs used to have class. But spreading rumors, especially this DUMB. Apple said they are on track to sell 1 million units in the first three months and 10 million in the first year and a half. Why would they then order 9 million up front? Answer is: They didn't. But then if Goldman Sachs wants to give their customers a better entry point for AAPL shares, they have just done it.
The SEC should fine Goldman for this FUD. This is pathetic stock market manipulation. Shame on you Goldman Sachs.
I guess Gordon Gecko was right, for Goldman Sachs greed is good.
Agreed. Apple should withdraw Eminem's material from iTunes, until the matter's resolved. Or would that break Apple's agreement with Universal?
This surely can't be why AAPL's tanking
AAPL is under attack from New Yorkers.
1. NY Consumer protection board is telling Steve Jobs that he should redesign the iPhone with a user replaceable battery.
2. Goldman Sachs is spreading FUD about a "reduction" in Apple's iPhone production numbers. They claim their rumor is for a reduction from 9 million units produced down to 4.5 million units.
To this I say: Hey the iPod has never had a user replaceable battery. Hasn't hurt sales and people don't seem to mind.
Goldman Sachs used to have class. But spreading rumors, especially this DUMB. Apple said they are on track to sell 1 million units in the first three months and 10 million in the first year and a half. Why would they then order 9 million up front? Answer is: They didn't. But then if Goldman Sachs wants to give their customers a better entry point for AAPL shares, they have just done it.
The SEC should fine Goldman for this FUD. This is pathetic stock market manipulation. Shame on you Goldman Sachs.
I guess Gordon Gecko was right, for Goldman Sachs greed is good.
Hopefully he doesn't win any kind of lawsuit...........
but a lot of good could come from this; specifically his music being pulled from iTunes....which would be awesome as that ^&%$ doesn't deserve the $ it probably makes via Apple
but a lot of good could come from this; specifically his music being pulled from iTunes....which would be awesome as that ^&%$ doesn't deserve the $ it probably makes via Apple
Man using that analogy M&M has no clue whatsoever.
Artists always work directly with the Label that signed them.If Eminem doesn't read his contracts that's his problem.
i can understand. an artist puts out a bunch of albums with 1 or 2 "hits" and a bunch of filler. people hum along, but don't buy the cds. then he/she puts out a greatest hits cd, and people buy it up. rabid fans use this as proof the artist is selling crazy mad amounts of LOL albums. or something.
works for me. still a stupid lawsuit.
It seems to me that Eminem is doing Apple a big favor. Apple is operating in a state of legal ambiguity as to whether they can legally acquire download rights from the record labels. If Apple wins, the ambiguity is resolved. If Eminem wins, Apple no longer has to deal with the (large, powerful, oligarchic) record labels and can deal directly with the recording artists.
Either way, Apple wins.
Either way, Apple wins.
You seem to know the details of Eminem's contract. Can you share the wording with us?
but that's failed logic, because eminem has a contract with universal. universal seems to think this contract allows them to resell the music to apple to distribute (or whatever). universal is not joe random, they are his music label. if he gave up the rights to digital distribution, perhaps he should try reading the fine print. if he didn't, he should take that up with universal.