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Eninem's Publisher Sues Apple

Originally posted by maelstromr
What I find rIdiculous is people's spelling:

Ridiculous:

[From Latin rdiculus, laughable, from rdre, to laugh.]

We should all be careful with the nastiness or you might get embarrassed by someone who knows what they are talking about.

As someone working in IP I am quite confident calling this a frivolous suit...not to say frivolous suite aren't won everyday. I don't believe Apple NEEDS the rights to the song as they 1) used it in the context of selling that song for the artist; 2) did not use the artisit himself or an appreciable length of music to cause economic damages; and 3) MOST LIKELY covered their approaches/retreat very well long before any of us saw the ads.

That's not legal advice, I haven't seen the suit or looked at this specifically, but I'm guessing Apple isn't sweating a whole lot.
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Sorry I didn't spell ridiculous correctly. Hope it didn't ruin your day. I really doubt you are in IP. First of all, the artist Eminem isn't suing Apple. Its the publisher. Eminem wrote the lyrics. Those are his lyrics. Apple used those lyrics to sell a service. Possibly without the permission of the owner of the lyrics.

As much as I hate ASCAP, this is what they are here for. You can't run any kind of business where you are play music to your customers without paying some sort of royalties to the owners of the music. That includes covers of songs. Even Karaoke bars have to pay ASCAP.
 
If Apple did use the commercial for financial gains and Eminem's publishing company wasn't contacted, reality is Apple would be in the wrong. That being said, if the commercials were never aired it's a slightly different ball game and Apple could, in fact, have legs to win the suit.
 
OMG--eminem is a little bitch
his "music" is crap anyway
he's what's wrong with rap today

he is so commercialized I can't
believe he even noticed
 
Guys, the problem is not that Apple didnt pay the royalties for the song, that they did. They did.

The problem is that Eminem think that the video shows him endorsing the ITMS.

I dont think he is going to win.
 
Originally posted by ph8te
Does that also mean if I play my car-radio really loud, so that others can hear it, I also have to pay royalties?
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No, if it is a tape/CD/etc then the record company pays a cut and if it is the radio station then they have paid a cut based on ratings.
 
Originally posted by Mantat
Guys, the problem is not that Apple didnt pay the royalties for the song, that they did. They did.

The problem is that Eminem think that the video shows him endorsing the ITMS.

I dont think he is going to win.
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I think they should countersue for lawyers fees and sponsor a contest for garageband owners to write "White Detroit Rappers are Whiney Crybaby Poseurs" with the best song being prominently placed in the ITMS and them getting the full dollar for the downloads...
 
The article says in addition to Apple and Chiat/Day, Eminem's publisher is also sueing Viacom, parent company of MTV.

The only quote from the publisher is about whether or not Eminem endorsed the iTMS not necessarily whether they were paid for using the song.

8 Mile Style thinks that by using the song, Apple implied that Eminem endorsed the iTMS. I think because of the nature of the campaign "Everyone has a favorite song", with a 10-year old kid singing his favorite song, 8-Mile style will either lose if it goes to trial or settle for significantly less than 10 million.
 
I'm on the fence here. If Apple used the song, then yes, they should have asked for permission.

However, the song was not actually played. It was a boy singing the song, as I recall. I imagine it probably doesn't matter, but because of that I think Apple might have a chance at winning this one.
 
Eminem is just trying to protect his image. If Apple uses his song to make money, then he should be compensated. Otherwise, in theory, everyone could have a commercial with a kid sining Eminem and make tons of money.

Apple should be ashamed of using a little boy to sing song by a musician whose music is only supposed to be bought by those over 17. I did not think that ad was effective in any way. It was simply embarassing for a wholesome company to use a child in this way.

Oh yeah, and Eminem is pretty tight, so **** all you haters.
 
Originally posted by jocknerd
Sorry I didn't spell ridiculous correctly. Hope it didn't ruin your day. I really doubt you are in IP. First of all, the artist Eminem isn't suing Apple. Its the publisher. Eminem wrote the lyrics. Those are his lyrics. Apple used those lyrics to sell a service. Possibly without the permission of the owner of the lyrics.

As much as I hate ASCAP, this is what they are here for. You can't run any kind of business where you are play music to your customers without paying some sort of royalties to the owners of the music. That includes covers of songs. Even Karaoke bars have to pay ASCAP.
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Wow, that was a nice little growl, what's your point? And really, you DON'T know what you are talking about. You are reading black and white ownership, a first year law student (or an undergrad who's studied media rights) understands property better than that.
One has ownership of broadcasted/distributed material ONLY AFTER A CERTAIN POINT. In my opinion and from experience, whether nasty net buggers believe it or not, Apple didn't cross this line.
 
maelstromr, you are out of order. First with the spelling mistake, and then with your attitude in the last post. This is not the sort of posting this thread or site needs.

It sounds as if you may actually have some valid points, but put them over a bit more nicely and win some respect. There a lot of wannabe experts on here who probably don't know what they are talking about, if you have genuine knowledge, tell us, back it up, and leave it at that.

Marc
 
Originally posted by marccarter
maelstromr, you are out of order. First with the spelling mistake, and then with your attitude in the last post. This is not the sort of posting this thread or site needs.

It sounds as if you may actually have some valid points, but put them over a bit more nicely and win some respect. There a lot of wannabe experts on here who probably don't know what they are talking about, if you have genuine knowledge, tell us, back it up, and leave it at that.

Marc
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Listen Marc,
While I appreicate the let's get along attitude, read the posts before mine and tell me about nastiness and out of order. The spelling was a general comment, in this post and in the forums, ridiculous is used a lot, and often mispelled. I thought it was funny, to a small cost of the last guy who spelled it wrong (and who I've found to be just AS out of order as myself).

And you are right, there ARE a lot of wanna be experts, and I DO know what I am talking about here. I DO NOT have patience for crud from snots who are going to tell me they know better, and I'll respond with sarcasm and coldness when it's due.

No offense, just drawing my line. I appreciate the attempt to cool off the heat though.

Seth
 
If it infringed on his copyrights then why the f*** did it take so long for them to act.....stoopidieous. That kid only sang like the chorus and did a half ass job anyways there were no instruments or even the music in the background....Eminem, Marshal Mathers, Slim Shady or whatever u call yourself ...now take your millions and millions and shove it!
 
Don't worry... be happy

Originally posted by maelstromr
And really, you DON'T know what you are talking about.
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Let's all just admit that none of us do. Or, if we do, don't get angry about it.

🙂
 
Maybe we should consider paying him

to retire.

I liked "Stan," but beyond that I think he's a punk bitch.
 
Apple need to get on the ball....

And release (or at least announce) new computers to get us back to talking about what we should be...calm spirits...and basically, make everyone happy again. 😀
 
my thought

I think it helped his image. And they didn't play the song, the child only sang some of it, now how that plays out in legal stuff, I don't know. And why so late there mr. E, its like a year later, shouldn't you have been all over this from the beginning. Maybe his sales on iTunes is down and he wants more money. This is all about money basically, he must be running short of money and ideas, just like SCO.
 
its a cover

I'm kinda surprised it is an issue, after all, apple is paying alot of money to resell these songs, the least you'd think they could do would be to use the concept of the store to market the store. I mean, if i click the preview for 'lose yourself' am i putting myself at risk to be fined?

considering it is a cover of a song, and not MM's song itself, its in an odd legal area. this touches on it:

http://www.straightdope.com/classics/a1_324b.html

he may be due a songwriters fee, but not 10M.
 
Eminem really has no case. The song wasn't on the commercial, it was just sung by a kid, whom liked that song.

Commercials are pretty free when it comes to stuff like that. Look at the Pepsi/Coke commercials. Do you see Coca-Cola suing Pepsi for having their products in Pepsi commercials? Nope. Why is that? It's legal.

This just seems like a quick way for Eminem to make some cash. I don't see him winning this case though.
 
what if only 8 (or was it 9) second of the song is used. Isn't that copyright free? Or 10% of the song, whichever is less. *tries to think back to media studies*
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Isn't there the 8 sec rule... you can use something just as long as isn't more then 8 sec?
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These laws apply to educators and students, as far as I know. Apple is neither an educator, or a student. So, I think they would have to obtain permission if they played the song, even though they never really played it...some kid just sang the lyrics without any music...i think this is really stupid
 
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