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Eninem's Publisher Sues Apple

This sounds just low enough for Eminem to do. He is like Janet Jackson; yesterday's news. 😛

I don't think it's illegal to sing someone's song without permission on an ad. As long as you just don't use the copyrighted material (the actual sound in the song)... I may be wrong, though; I've found that our legal system favors stupidity over reason many times before.
 
I don't understand why you would want to sue a music store for attempting to sell your own product?

Is he going to sue Amazon or any other music store that puts his album cover in a sales flyer?
 
Originally posted by jholzner
Umm...I can't believe Apple didn't get permission. They are a HUGE corporation...don't they know these things? I dunno...
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Yeah, this sounds pretty slack if it's true.

Doesn't Apple spend a fair chunk of change on product placements in movies? If they understand they have to spend cash for a 10 second "supporting role" onscreen, how can they plead ignorant on using an existing song?
 
Apple has to play by the rules just like everyone else, so regardless of your feelings about Eminem, he's doing what he has to do; He's protecting his rights. Otherwise, it could be construed as the beginnings of abandoning his rights on that particular song and pave the way for others to do the same.

I'm not an expert on this topic, but I don't think that the "fair use" laws apply here because of the scope and scale of the advertisement. Again, that is based on fuzzy memories.

So relax, realize that Apple makes mistakes just like everyone else. This will go away soon enough. I highly expect Apple to settle.

{edit: I just read that Eminem might try to get in excess of $10 Million for any commercial product endorsement. While that doesn't necessarily mean he wants 10 from Apple, if he does, I doubt he'll get it all if he goes to trial. This sounds like a warning to other companies. It's difficult for me to conceive that he suffered 10M in damages -- yet stranger things have happened.}
 
I think I saw that commercial only once and then they all got replaced by the dancing commercials.
All those Ad's ended up becoming print Ad's in Mac mags though.

If I recall you can play song for up to 10 seconds on-air without having to pay a fee to the record company or the artist. We used this rule when doing local commercials for colleges and etc...

The rendition the kid did was without music so it's not exactly an exact duplicate of the songs track.

Sounds like he or his record company or both just want some extra cash...for some 10 yr old covering one his own songs.
 
You don't need permission to perform a song thats already been recorded by someone else. In commercials, the law MAY differ a little but I doubt it. Once the song has been recorded, song performance rights are no longer at the sole discretion of anyone. Anyone can cover the song however they wish. If Apple paid the royalty for the song, its likely thats all they ever had to do.

This is different than songs in other commercials, because most commercials use specific recordings to sell their product. This requires payment to the artist of course for the recorded performance rights.

He may not like it, but there really isn't much he can do. At the same time, I also see it as his legal team is just trying to protect the Eminem brand name. I don't see a huge problem with it. Its his own money he is wasting anyway.
 
Originally posted by FlamDrag
I highly expect Apple to settle.
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Luckily, they have a cool $4.8 billion in the bank to cover these kinds of stupid things. Problem is, if every person who ever had a copyrighted work with words from it on an Apple commercial sues Apple, then it could be problematic 😱
 
Originally posted by Wonder Boy
did apple really check with marshal mathers first? if not, serves apple right to be sued.
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BUT, is it even illegal for Apple to have used the lyrics, especially without the music? I don't know, but I think that is the main point here; I don't think Eminem would be dumb enough to put up a lawsuit if it is legal for Apple to use the lyrics in the first place, but maybe he's just trying to get attention, like Janet 🙄 .

Does anyone have any facts (legal or otherwise) about the legality of this? I'm no lawyer (nor do I want to be 😉 ).
 
Yawn. This is no more significant than any of the other thousands of frivolous lawsuits filed each and every day in this country. Next...
 
steve jobs versus the crack legal team of eminem?

I have no doubt that Apple covered their ass here..

Without researching it, I feel quite confident that Eminem has a new .. something.. coming out soon. Either that or he's about to sign a coca cola contract.. who knows.

🙄
 
Originally posted by ph8te
What about all those pub-bands that do cover versions of popular songs? Are they all gonna be sued soon as well?
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Most establishments (bars, restaurants, radio stations, university marching bands, etc.) usually have a an annual lump-sum blanket licensing agreement with ASCAP & BMI that allows them to play whatever songs they want without having to keep track of who performed what and how often.

Basically, ASCAP says "pay us $xxx.xx, and you bands can play any of the songs in our catalog they want."

This blanket licensing doesn't usually apply to other venues such as television, motion pictures, television & radio advertisements, or stage productions.

Either Apple's ad agency got permission to use it and Eminem is just trying to find a way to exhort money, or Apple's lawyers concluded that use of the material was subject to the parody exemption and Eminem's lawyers disagree. The latter is more likely.
 
Originally posted by geerlingguy
I don't think Eminem would be dumb enough to put up a lawsuit if it is legal for Apple to use the lyrics in the first place
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I can't type "WRONG" big enough to correct your assumption.

The kid's a punkass thug, dumb as a rock.
 
IANAL, but....

There is no ten-second rule or eight-second rule. What constitutes a copyright violation depends on several factors. You are given more leeway to freely use materials for a critical review--so playing part of Eminem's song as part of a radio review would be okay--even more than ten seconds' worth. However, when the use is commercial, the law becomes more strict. The basic question is whether playing the song on Apple's commercial damaged Eminem's opportunities for distributing the music in the future. It's a very close call. I wouldn't consider this a "frivolous" lawsuit.

edit: slight change in wording.
 
Originally posted by cr2sh
I can't type "WRONG" big enough to correct your assumption.

The kid's a punkass thug, dumb as a rock.
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I'm not a particular admirer of Eminem, but I'd have to say his lyrics are more intelligent than most.
 
With a slew of lawyers, I just can't imagine Apple is flagerantly ripping Mr. Mathers off. My guess is he is doing it for publicity or thinks he has found some loop hole that would allow him to sue.

If that is the case, then I would expect Apple to settle. I wouldn't, however, call it Apple stealing someone else's music. More like they thought they were following industry "fair play" (in terms of music use), only to discover fair play doesn't apply to a successsful product commercial.
 
May have a good point but...

Okay someone at Apple legal got rights to use these songs for the ads, right? If they secured permission then this is a money grab from Em's people. If Apple didn't which I highly doubt considering it IS in the music industry now then Apple may owe them a reasonable amount of money, not nearly what they will ask for and nothing like what M$ paid the Stones for "Start me up".
 
Interesting point regrding Eninem's contract with Universal Music...

He has a clause that gives him extra royalties based on percieved theft through online downloads...yes the label gives him a gross percentage on a hypothetical calculation....believed to be as much as 5%....you might just say he has good lawyers or you might say he plays the game with the reast of them.....

So an associated point. The Artists whine about alleged on-line theft yet they are now more than likely to be comped for it anyway.

I'd be interested to know if Apple did licence the clip....remember it was the girl who sang the words so Apple only need to pay the publishers not the owners of the actual recorded music (licence for the "sheet music" not Eninems voice).

There are standard collections agencies for this stuff ACPS and MCPS/PRS in the UK.

Only in the US !!!!


Bit of a miandering point but there you go.....
 
Eminem's Lost Himself

This is Really said and a new low when 10yr old boys can't even Sing a freakin song on TV because they didn't give a record company a big enough check.

1st of all Eminem is the Bitch of MTV and nothing more than a Hardcore Justin Timberlake. I really can't believe how stupid these a Artist are when it comes to Business. Eminem was one of the most Vocal Artist against Napster bitching about how he was losing money, when the reality of the fact is that your own record label robs you 10X more than any P2P service will. Come'on a Artist works like a slave making the record , writing the songs, singing/rapping. and only see's an avearage of 70cent's off a $14.99 CD, so u tell me who's robbing who?

Am i the Only one getting bored of hearing about Eminem bitch all day about Boy Bands, Pop Singer, Gays, his Slut Wife and Crazy Junkie of a mother.really he's running out of ideas and this Bull **** shows it. He Needs Money. Eminem has his head so far up his ass believing his own B.S. he should be greatful that the Hip-hop community accepted him as one of thier own with him being white rapper , especially after Vanilla Ice.

He is a Coporate Gunnie Pig who with the Help of MTV has completely exploited the fact that he is caucasion, becoming nothing more than a Rapping Elvis. look a MTV's 22 greatest MC's of all time and Eminem is #3 ,...#3 ahead of Jay-Z, Nas, Rakim , Krs-One, Chuck D, are u F*^kin' kidding me , only on MTV. they must have been sharing crack pipe with Eminem's mom when they made that list.

In the End Eminem will be the 2nd coming of Vanilla Ice. and will only make it impossible for the next talented white rapper to get his break.

Note: People what you see on MTV is not Hip-Hop it's Hip-Pop.
 
8 Mile

Hey, Eminem! You POSER!

If you think 8 Mile Road is so bad, come down to 5 Mile Road, specifically MacArthur Park at Telegraph Road. The police don't even go there because they're scared. Are you?

We can face off and see if you get any royalty money, punk! I will fight for Apple, Steve Jobs, and the American way (stealing music).

-Aaron-
 
I don't think you can use copyrighted material or a person for commercial endorsment without first obtaining the right to do so. In which case Apple will have to reach a settlement unless thay have infact secured the rights to use the song/performance.

Nothing else maters, either they have secured the right to use the material or they haven't. If they haven't they are going to loose it is very simple.
 
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