Eninem's Publisher Sues Apple

[maelstromr]

Originally posted by geerlingguy
Ahh, and you're from Boston... 😕

What are you suggesting about my location? Boston is DEFINATELY the most calm, cool headed and least likely to lose control city in the US. (THAT'S sarcasm.)

But we DO have at least two Apple Stores, and that makes us cooler.

See everyone...cooool.

 

[JGowan]

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.

"Punkass thug",... agreed. "Dumb as a rock", ... absolutely not.

You might not agree with his message or the words that he uses, but you're wrong in lumping him in with a lot of the other rappers with the one syllable rhymes (I'm the cat in the hat -- I go rat a tat tat and if you mess wit me you'll die in seconds flat.)

He certainly has arguably some of the most impressive and intricate rhymes EVER.

This might be about money -- it also might be about free publicity... the ad ran a LONG time ago... we're hearing about now? I think he decided to sit on this one until his sales lowered or he needed to get back in the public eye for an upcoming thing.

 

[mrsebastian]

does anyone have a link to view the ad? wtf comes to mind. it's quite simple really, if they paid for the rights to use the song and there are signatures on an agreement then em's publisher can go fly a kite. especially if the suit is over an endorsement instead of rights of usage. is there a single moment eminem's name, image, or voice is involved in the ad? if no, then you didn't endorse itms and they simply paid you for the rights to use your lyrics... like i said does anyone have a link to ad?

 

[electric]

I personally don't like the dude, not because of his lyrical content or that he is a modern day Elvis but because I think his voice is annoying, but if Apple is willing to play with a sword it must be prepared to be cut by it once and a while.

Apple is notorious for filing copyright infringement lawsuits, anyone remember Apple Communications from Australia ? I'm surprised Apple is not suing grocery stores for advertising apple sales in their produce department.

 

[maelstromr]

Originally posted by electric

Apple is notorious for filing copyright infringement lawsuits, anyone remember Apple Communications from Australia ? I'm surprised Apple is not suing grocery stores for advertising apple sales in their produce department.

That's definately true, and if this suit had merit it would be just desserts.
But it's exactly their litigious nature that makes me pretty sure they watched out all angles on this one.

 

[Uragon]

Originally posted by maelstromr
That's definately true, and if this suit had merit it would be just desserts.
But it's exactly their litigious nature that makes me pretty sure they watched out all angles on this one.

Completely agree with you that Apple watched out all angles. But shouldn't it be definitely?

 

[maelstromr]

touche, I hope what's his name saw that burn.

 

[amnesiac1984]

Re: You're confused

Originally posted by macFanDave
As the father of a small child, I can confidently correct you that it is indeed the "five-second rule." If a piece of food hits the floor, you can still EAT it if you pick it up within five seconds.

You're welcome in advance, I'm glad I could be of service.

As a student with not enough seating in our living room, I can correct you in saying that it is the 3 second rule. If someone is out of their seat for more than 3 seconds you have every right to steal it.

 

[ddbean]

Originally posted by MrJamie
...
Second of all, the ad featured a kid singing his favorite song; that was the message, not that Eminem encourages you to use the iTunes store, not that you should steal Eminem's music, but that you can download your favorite song from the music store.
...

If my memory is correct, this ad came out before ITMS was released, so this was an ad for the iPod only.

 

[Skilz34]

Re: Re: Eninem's Publisher Sues Apple

Originally posted by Savage Henry
Eminem is a commercial product.

Right on man. Right on.

 

[Makosuke]

If this counts as Eminem "endorsing" a product, then he certainly endorsed Gladiator during the Superbowl a couple years back--that commercial actually used his voice, too.

It seems pretty simple to me; if Apple didn't pay the publisher for the rights to use the song, or at least get heavily covered for potential legal issues, then go ahead and sue them; that would be idiotic to not even cover your bases, and bad form to boot. I'd say the chances of that are slim at best, otherwise somebody else featured would've sued by now and every lawyer (and ad guy at Chiat-Day or whoever did the spots) in the company should be fired for not catching it.

Eminem seems to be suing about product placement, however. And as others have said, how does a kid singing your song acapella imply that you endorse a product? Yes, it's the words and the tune you wrote, but it's not your voice, your face, or anything physically involving you in the ad. The most you could say is "At least one kid who likes my music endorses Apple products", and though I know little of the law I don't see where that constitutes endorsement or something in need of financial recompense.

Sounds like a load of garbage to me--and not because I'm an Apple apologist, I hate all frivolous lawsuits, whether targeted at the little guy or big companies--but I suppose we'll see.

 

[Skilz34]

Originally posted by JGowan
"Punkass thug",... agreed. "Dumb as a rock", ... absolutely not.

You might not agree with his message or the words that he uses, but you're wrong in lumping him in with a lot of the other rappers with the one syllable rhymes (I'm the cat in the hat -- I go rat a tat tat and if you mess wit me you'll die in seconds flat.)

He certainly has arguably some of the most impressive and intricate rhymes EVER.

This might be about money -- it also might be about free publicity... the ad ran a LONG time ago... we're hearing about now? I think he decided to sit on this one until his sales lowered or he needed to get back in the public eye for an upcoming thing.

Eminem has talent but there are artists that are not in the commercial spotlight that exceed all the talent in "pop" music combined, and more specifically, rap (not hip hop). Cash cow records labels (5 of them that control 90% of what we hear in all genres) that are turning our culture into a homogeneous one. Fit the mold, millions sold. It's not art. It's boring, it's repetitive and these kids don't even know what they are buying. Eminem should have stayed with the "Infinite" vibe. He would do hip hop and all of us a favor.

Want some real hip hop? Check out www.marsill.com. and listen. and no this isn't my site.

 

[autrefois]

Eminem and his publishers are all too aware of copyright issues and lawsuits. Apparently for Eminem and his associates, using other people's music without permission is only fine when it's done on albums, not TV commercials.

 

[ZildjianKX]

Anyone else find it kind of weird that by Apple using his song, its free promotion for him, and Apple is a reseller of his products through the iTunes music store... not to mention by using him in the iTunes music store commercial its telling people not to pirate his music...

And I'm confused, he doesn't endorse anything?

 

[guerro]

I didn't read all the posts here, only the first half then skipped to post my reply. However, has anyone given thought to the fact the kid in the commercial just may OWN a copy of the EMINEM song he was singing in the commercial?? And, the kid was only singing a small part of the song. The song never played. Sooooo, the question is, if someone sings aloud, words to a song he/she owns a copy of and someone else video's said person singing the song aloud, is this copyright infringement ???

 

[formatc]

Fair use doesn't apply for commerical gain

Originally posted by punter
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*

You might make the fair use argument for non-profit, but never as a company.

 

[Spizzo]

It's funny how many of you are so quick to ASSume that apple didnt mess up big here. And how everyone think's he's a punk kid who's as dumb as a rock because he doesn't appeal to you.

As far as the lawsuit goes, the lyrics and the beat are both his property, as I'm sure even this "dumb as a rock""punk kid" was smart enough to copywrite his work. Work, which, incidently, won him an Academy Award.

If a kid who is "dumb as a rock" can win an Academy Award, where is all of your's? I mean, it should be simple for everyone here to get one.

I dont know the facts of the lawsuit more than any of you, but if Apple infact did not pay royalitys and get Em's permision, THEY ARE WRONG.

I Hope Eminem does win this lawsuit, if nothing else, just to piss you all off. 😀

 

[MrJamie]

I dont know the facts of the lawsuit more than any of you, but if Apple infact did not pay royalitys and get Em's permision, THEY ARE WRONG.

I Hope Eminem does win this lawsuit, if nothing else, just to piss you all off

Read the link, guys. The issue isn't whether or not Apple licensed the song, but rather whether or not the commercial protrayed Eminem as endorsing Apple.

Which just makes the suit all-the-more silly.

Reading the link would clear up a lot of confusion.

 

[Omad0n]

Re: Re: Eninem's Publisher Sues Apple

Originally posted by Savage Henry
Eminem is a commercial product.

LMAO what a great way to start the day! Come online and what do I find? You sir get a gold star.

 

[Fukui]

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

Not to defend/condemn anyone but,
Somehow I don't even think eminem gives a ****.
Just those greedy-as-ever publishers/lawyers. Whatever....

 

[mjones4th]

Technically, if, the little girl in question quoted Feminem's original lyrica, then Feminem has the right to receive compensation for the copyright he established by writing that lyric.

If I create a composition, a composition of words and/or music, I have the exclusive right to publish those words in that specific order, as outlined in the paperwork used to copyright that composition. If someone comes along and speaks those same words in that same order in a public venue, or via a public medium, I can sue them for infringing on my exclusive publishing right to that composition (or portion of).

If she had quoted Maya Angelou, it would be no different. Well... you know what I mean.

I don't necessarily agree, but its the law.

But why Apple would want to associate itself with a racist mysogynist is beyond me.

 

[simX]

Originally posted by JGowan
"Punkass thug",... agreed. "Dumb as a rock", ... absolutely not.

You might not agree with his message or the words that he uses, but you're wrong in lumping him in with a lot of the other rappers with the one syllable rhymes (I'm the cat in the hat -- I go rat a tat tat and if you mess wit me you'll die in seconds flat.)

He certainly has arguably some of the most impressive and intricate rhymes EVER.

oooOOOooo the guy can rhyme! That's... *SO* impressive! When I grow up, I hope that I can rhyme as well as Mr. Eminem does, that way I can become a cool white rapper guy just like he is! Seriously, as much as I hate to admit it, this is better than anything Eminem puts out.

I can't see how Apple is in the wrong, here.. the commercial was a capella: no music was played, it was just the 10-year old kid singing, and Eminem didn't appear on the commercial. I don't get slapped by lawsuits when I sing my favorite song in public (although I would never embarrass myself by doing that). So I fail to see how it can be either copyright infringement OR endorsing a product... of course, IANAL, so whatever.

In any case, I'm sure that Apple has everything covered here, and I would think it would be pretty stupid to settle in this case.

 

[Fukui]

Originally posted by Spizzo
If a kid who is "dumb as a rock" can win an Academy Award, where is all of your's? I mean, it should be simple for everyone here to get one.

Bill Gates was knighted by the queen and the pope endoreses hip-hop. See the connection? If William whatever-his-name-was can become a superstar by looking like and dork on american idol, yes I think it should be!

 

[party_d0g]

Eminem sue Apple

bit rich from a hip hop artist that samples every other blunt for his own production.

he is right to sue though if he's owed royalties.

many rappers put stuff out, without sample clearance, and keep their fingers crossed that the original artist or record label don't hear it.

did'nt dr dre get sued recently by bollywood?

-

some eminem samples (www.the-breaks.com)

20th Century Steel BandWarm Heart, Cold Steel: (United Artists 1975)
* "Heaven & Hell is on Earth" (Vocals)
_____Anonymous ft Eminem's "Green & Gold"

Edwards, DennisDon't Look Any Further: (Gordy 1984)
* "Don't Look any Further"
_____Eminem's "Quitter"

Le Pamplemousesingle: (AVI 1976)
* "Gimme What You Got"
_____Eminem's "Cum on Everybody"

Mayfield, CurtisSuperfly: (Curtom 1972)
* "Pusherman"
_____Eminem's "I'm Shady"

Riperton, MinnieAdventures in Paradise: (Epic 1975)
* "Adventures in Paradise"
_____Eminem's "Any Man"

Siffre, LabiRemember my Song: (EMI UK 1975)
* "I Got The" (Bridge)
_____Eminem's "My Name Is"

Axelrod, DavidSongs of Innocence: (Capitol 1968)
* "The Mental Traveler"
_____Eminem's "Any Man"

Grusin, Dave. . .One of a kind: (Polydor 1977)
* "Modaji"
_____Eminem ft Royce's "Bad Meets Evil"

Loussier, JacquesPulsion: (CBS 1979)
* "Pulsion"
_____Eminem's "Kill You"

Smith, LonnieFinger Lickin' Good: (Blue Note 1967)
* "In the Beginning"
_____D12 ft Eminem's "**** on You"

Washington, Grover, Jr.Winelight: (Elektra 1980)
* "Just the Two of Us"
_____Eminem's "Just the Two of Us"

AC/DCBack in Black: (Atco 1980)
* "Back in Black"
_____Eminem's "My Name Is"

AerosmithAerosmith: (Columbia 1973)
* "Dream On"
_____Eminem's "Sing for the Moment"

Big Brother & the Holding CompanyCheap Thrills: (Columbia 1968)
* "Summertime"
_____Eminem's "Rock Bottom"

Led ZeppelinLed Zeppelin IV: (Atlantic 1971)
* "When the Levee Breaks" (Drums)
_____Eminem's "Kim"

McLaren, MalcolmDuck Rock: (Island 1983)
* "Buffalo Girls"
_____Eminem's "Without Me"

Simon, PaulStill Crazy after All These Years: (Columbia 1975)
* "50 Ways to Leave Your Lover"
_____Eminem's "Murder, Murder"

Stein, RonaldGetting Straight soundtrack: (RCA 1970)
* "Pigs Go Home"
_____Eminem's "Guilty Conscience"

Aznavour, CharlesLa Boheme: (Barclay 1965)
* "Parce Que Tu Crois"
_____Dr. Dre ft Eminem & Xzibit's "What's the Difference?"

Stevens, RayAhab the Arab: (Spm 1962)
* "Jerimiah Peabody's Poly Unsaturated. . . Green and Purple Pills"
_____D12 ft Eminem's "Purple Pills"

 

[Hansel USA]

Wow I used to think blind Apple loyalty was exaggerated...

It's really ridiculous to blindly stand up for Apple in this case, as many here are doing. All compaies made mistakes, and I am sure whoever was responsible internally at Apple will be held responsible, or court action will show that they were not actually in the wrong. Though, to be honest, it takes millions of dollars to produce and run top quality ads - I can't believe that people are making a big deal about it being a 10 year old, acting as if Apple is the protecor of small children everywhere! As for those saying Eminem is stupid, or not popular - he's moving into producing extremely popular acts, has over the years joined into the second most powerful media partnership and with more than 33 million records sold, I'm sure he's laughing all the way to the bank.