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Eninem's Publisher Sues Apple

Eminem (or he and his record company) are not only suing Apple but MTV and Viacom also.

Eminem is NOTHING without MTV .. nothing! Apple iTunes store gives him cashola on downloads .. rather than going the Kazaa route. The Apple commercial in question gives him free publicity .. showing a FAN singing his song and persuading us to bye it on iTunes.
MTV plays his videos, documentaries and gives him Music awards.

What an ungratefull jerk. He's now part of the establishment he cringed at in the past.

Apple should stop selling his music and MTV should stop playing or even mentioning him on the air or their web site. .. I can't believe it .. he's such a dope ... credit to Apple for allowing me to listen to Eminem MP3s on my iPod ... blame to Eminem for me deleting them.

(actually I probably wont delete them .. I like some of them .. but he's still a dope).
 
Originally posted by simX

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.
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How many people here understand copywrite laws? Listen to yourselves. Eminem has the lyrics copywritten, as well as the beat, and the whole song. I cant take his lyrics, put them over a different beat, and call it my next new hit. See? Just cause it was Acapella, doesnt mean it's ok. It's still his property.

Originally posted by Fukui
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!
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I dont see the connection, i dont think the Pope was blessing the "whole" of hip-hop, just those people and how they were using it.

And Eminem wasn't given an award by one person. He was given the award by The Academy. A collection of the greatest Artists, Composers, Producers, etc... I think they know what they are talkin about when it comes to music. I happen to know a few Academy members, and although they didnt like Em's lyrics, they did think he did a good enough job to vote for him.
 
Re: Wow I used to think blind Apple loyalty was exaggerated...

Originally posted by Hansel USA
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.
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still doesn't meant he's any good.

I do have respect for the guy though, he's a lot better than most of the gangster rap croud. And I'm a hip-hop fan, I just haven't liked a single hip hop song thats been in the charts for years. Except maybe this guy
 
Originally posted by mjones4th


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.
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Umm, wasn't it pretty clear that it was not the little boys song? You are right in terms of plagerism and taking credit for someone else's work, Apple was just using it...there's a difference there that you not catching. Your situation would only work if Apple tried to pretend they were responsible for the music, and that's what you are buying...

Of course, this isn't about copyrights, is it? Good point whoever pointed that out.
 
A couple of things about this...

1) The Apple commercial did not feature the actual song, just a kid singing the lyrics.

2) The singing lasted less than 10 seconds.

3) The ad was pulled after a short amount of time.

4) Eminem has never commercially endorsed anything? Hmm then what was up with 8 mile? Seems like all the ads promoting the movie, featured his music that was made for the movie.

I think this is a scare tactic from his publisher hoping to get settlement money. However the Leader, Steve Jobs, don't scare easy, and it will either be dropped or a Judge will side with Apple.
 
His timing is bad.

Does anyone know the last time the Apple ad ran?

Anyway...assuming that the ad ran for three months after it started (July 2003) then it would have stopped at the end of September or beginning of October.

Eminem got his copyright for "Lose Yourself" on October 27, 2003. He has no right to claim copyright violation.

Details:
5. Registration Number:
_
PA-1-152-688

Title:
_
Lose yourself.

Description:
_
Compact disc.

Claimant:
_
Eight Mile Style, LLC, Martin Affiliated, LLC

Created:
_
2002

Published:
_
22Oct02

Registered:
_
27Oct03

Author on © Application:
_
words & music: Marshall B. Mathers , 1972-; music: Luis E. Resto, Jeff I. Bass , 1959-.

Special Codes:
_
3/M/L
 
Re: Re: Wow I used to think blind Apple loyalty was exaggerated...

Originally posted by amnesiac1984
still doesn't meant he's any good.

I do have respect for the guy though, he's a lot better than most of the gangster rap croud. And I'm a hip-hop fan, I just haven't liked a single hip hop song thats been in the charts for years. Except maybe this guy
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Ummm... he doesn't endorse gangs. Feminem is not a gangster rapper. Gangster rap is, for the most part, dead. Even true gangsters who also rap don't endorse gangs too much anymore. Those who put violence in their lyrics are not, by default, gangsters, or gangster rappers.

Charts track mindless drones. I thought we all knew this by now.

if you like good hip hop/rap (or any other genre - except for the continuously morphing amalgamation of all that was once good music - Pop), the charts are the last place to look.
 
A copyright is created the moment the material in question is created. Of course there is a time lag between creating a lyric and filing and receiving a copyright. During that lapse, the copyright is still in existence.

If he can prove that he created the material becore the commercial aired (for example by the poor man's cpoyright - mailing it to yourself) then he has a legal basis for a lawsuit, no matter when the copyright was submitted.
 
Re: His timing is bad.

Originally posted by StealthRider

Eminem got his copyright for "Lose Yourself" on October 27, 2003. He has no right to claim copyright violation.

Created:
_
2002

Published:
_
22Oct02

Registered:
_
27Oct03
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I dont know everything about copywrite, so i may be wrong, but my understanding is that even though 27 Oct 03 is the date the song was registered, it was created and published in 02, and it takes some time for the paperwork to go through. It's still his product, his copywrite, his property. Even though Apple used it before the copywrite was registered? Eminem still own the song and lyrics.

Originally posted by maelstromr

Umm, wasn't it pretty clear that it was not the little boys song? You are right in terms of plagerism and taking credit for someone else's work, Apple was just using it...there's a difference there that you not catching. Your situation would only work if Apple tried to pretend they were responsible for the music, and that's what you are buying...

Of course, this isn't about copyrights, is it? Good point whoever pointed that out.
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Seems like you just contradicted yourself if you ask me. Apple was just Using his work, just like i used your work in my paper. Only if you dont get credit, and in the case of music, pay royalties, you had just Plagerised. And that IS a violation of Copywrite laws. So Yes, this is all about copywrite.
 
Originally posted by ubadojw1


1) The Apple commercial did not feature the actual song, just a kid singing the lyrics.

2) The singing lasted less than 10 seconds.

3) The ad was pulled after a short amount of time.

4) Eminem has never commercially endorsed anything? Hmm then what was up with 8 mile? Seems like all the ads promoting the movie, featured his music that was made for the movie.

I think this is a scare tactic from his publisher hoping to get settlement money. However the Leader, Steve Jobs, don't scare easy, and it will either be dropped or a Judge will side with Apple.
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The point, my friend is that those are HIS lyrics, that HE created and owns exclusive rights to, in a public medium that HE didn't give permission for.

Do you understand copyright law?
 
And additionally, for those of us who think this isn't about copyright law, in order for Feminem to assert that Apple are unlawfully using him to promote itunes or ipod, he must prove that those are his lyrics, used by Apple without permission.

Its not directly about copyright law, but without it, there's no wrongful endorsement case.
 
Originally posted by mjones4th
And additionally, for those of us who think this isn't about copyright law, in order for Feminem to assert that Apple are unlawfully using him to promote itunes or ipod, he must prove that those are his lyrics, used by Apple without permission.

Its not directly about copyright law, but without it, there's no wrongful endorsement case.
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Shouldn't be too hard to do, since even you all have admitted they were his lyrics. So I guess everyone here is right, it should be an open and shut case...for Eminem.

Is this really that big of a deal, Apple made a mistake, we all do, it's part of being human.

I dont think Eminem has anything against Apple, in fact, he probably uses them in the studio. I think, and I'm sure that most of us would feel this way, that if you worked hard on something, and finally, after years of hard work, were successfull, then someone came in and took what you did, used it, didnt give you credit or reimbursment, you would feel the same way. Just MO.
 
(a) In General. — Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.
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This means once you create it (by putting it in tangible form, like a piece of paper) you now own the copyright.
 
Originally posted by sparkleytone
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.
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You're not a lawyer, are you? I'd suggest you look at the law before posting. 1. Not only the recording, but the lyrics and music to a song are copyrighted. 2. The exclusions you're talking about only cover classrooms. See http://www4.law.cornell.edu/uscode/17/110.html

I am not a lawyer anyway, but at least I know enough not to give legal advice on a website without a law degree (not that anyone with a law degree should be doing that).
 
I haven't seen the commercial. Does anyone know if it's posted anywhere? If it's just a kid singing a part of one of his favorite songs, then how can this be considered Eminem endorsing a product? I wonder if Eminem, himself, decided on this course of action, or was it his reps? I can't imagine that he would be foolish enough to nitpick over someone demonstrating their love of his music. Unless, or course, he doesn't like the image of kids listening to it. 🙂
 
Re: Re: His timing is bad.

Originally posted by Spizzo
I dont know everything about copywrite, so i may be wrong, but my understanding is that even though 27 Oct 03 is the date the song was registered, it was created and published in 02, and it takes some time for the paperwork to go through. It's still his product, his copywrite, his property. Even though Apple used it before the copywrite was registered? Eminem still own the song and lyrics.



Seems like you just contradicted yourself if you ask me. Apple was just Using his work, just like i used your work in my paper. Only if you dont get credit, and in the case of music, pay royalties, you had just Plagerised. And that IS a violation of Copywrite laws. So Yes, this is all about copywrite.
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Plagriaism and copyright are two different issues. Fair use allows for the quotation of a work in a work of criticism. The Apple add does not strike me as a work of criticism. Whether it counts as fair use or not is something a lawyer and a court would need to decide.
 
I saw a video where Mick Jagger was walking down the street and this little girl asked him if he knew that Brittany spears covered "Satisfaction". She questioned if Brittany asked to do that, and Mick said, "Once a song has been done once, anyone can do it... you don't have to ask".

I always thought you had to get the rights, but I'm sure Mick knows a bit more about this than I.

Unless I'm missing something, I'm pretty sure this applies here.

Eminem is such a p#ssy.
 
Well, according to this spymac blurb the song wasn't even copyrighted until Oct. 2003...well after the commercials aired. I wonder if this will have any impact on their case.

From Spymac:

"Marshall Mathers -- better known to the world as Eminem -- is suing Apple over "alleged misuse" of one of his songs in an iTunes Music Store ad. The ad in question featured a ten year old singing the song "Lose Yourself," and ran for three months last summer on MTV. Interestingly, the song wasn't copyrighted until October 27, 2003, long after the ad was run on television."
 
Re: Re: Re: His timing is bad.

Originally posted by tny
Plagriaism and copyright are two different issues. Fair use allows for the quotation of a work in a work of criticism. The Apple add does not strike me as a work of criticism. Whether it counts as fair use or not is something a lawyer and a court would need to decide.
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I understand the difference between the two, ok, maybe my example sucked. But my point was Apple can't use anyone's lyrics, songs, etc... without permission, and i agree, i dont see how this add was criticising Eminem, only trying to promote Apples product.
 
Originally posted by jholzner
Well, according to this spymac blurb the song wasn't even copyrighted until Oct. 2003...well after the commercials aired. I wonder if this will have any impact on their case.

From Spymac:

"Marshall Mathers -- better known to the world as Eminem -- is suing Apple over "alleged misuse" of one of his songs in an iTunes Music Store ad. The ad in question featured a ten year old singing the song "Lose Yourself," and ran for three months last summer on MTV. Interestingly, the song wasn't copyrighted until October 27, 2003, long after the ad was run on television."
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Did you read any of the other posts before posting??

The second you create your work, you own the copywrite on it. Just because it wasn't registered till oct 2003, doesnt mean it wasnt protected before.
 
Originally posted by StealthRider
Copyrights don't count unless they are registered.

Here's the full law...http://www.copyright.gov/title17/

I don't feel like digging through it but you can if you want.
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Too bad you didn't feel like digging through it; you would have found out that you're wrong. See section (409)(a) -- "registration is not a condition of copyright protection."

You can't sue for statutory damages or attorney's fees without registering your copyright. However, you have three months from the time the work is published to register. You can register later, but cannot sue for statutory damages or attorney's fees for infringements committed before registration. You can still get actual damages and stop distribution of the infringing work, even without registering.
 
Originally posted by The Dreaming
I saw a video where Mick Jagger was walking down the street and this little girl asked him if he knew that Brittany spears covered "Satisfaction". She questioned if Brittany asked to do that, and Mick said, "Once a song has been done once, anyone can do it... you don't have to ask".

I always thought you had to get the rights, but I'm sure Mick knows a bit more about this than I.

Unless I'm missing something, I'm pretty sure this applies here.

Eminem is such a p#ssy.
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Ok, your kinda right here.

Anyone can cover any song without paying royalties. The venu (Sp?) is responsible to pay for the royalties of all the songs which were covered.

So, while Eminem can't sue the kid for singing the song, he can sue Apple for not paying royalties. But this song was also used as an endorsment for Apples products, so that is more than just someone covering someone elses song at a performance.
 
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