Eminem sues Apple over iTunes ad | iLounge News

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Eminem sues Apple over iTunes ad

“Rapper Eminem’s music publisher is suing Apple Computer Inc., claiming the company used one of the hip-hop superstar’s songs in a television advertisement without permission.

Eight Mile Style filed the copyright infringement suit late last week against Apple, Viacom Inc., its MTV subsidiary and the TBWA/Chiat/Day advertising agency.

At issue is an ad for Apple’s iTunes pay-per-download music software, in which a 10-year-old sings Eminem’s “Lose Yourself.” The suit claims the commercial aired on MTV beginning in July 2003 and ran numerous times for at least three months. It also appeared on Apple’s Web site.”

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Comments

21

Eminem has the right to sue the pants off Apple…. Apple using his song prevents him for using that song for other advertisement preventing him from using money.. What the hell is going on with Apple.. GET PERMISSION for once

Posted by Bababooey on February 24, 2004 at 2:55 PM (CST)

22

It’s not an issue of intentions, actual use, or any other “grey” issue.  It’s about copywrite law.  Periiod.

Apple did or didn’t get legal permission.  It’s that simple.

As for Apple, however, I think their karma is coming back to haunt them.  They’re one of the tightest corporations on the planet with their intellectual property.  If someone even casually uses Apple property in a way they don’t approve of, their lawers are unleashed.

Posted by Matthew on February 24, 2004 at 3:04 PM (CST)

23

yet another reason to hate eminem.

Posted by iHeartiPods on February 24, 2004 at 3:05 PM (CST)

24

But Matthew, isn’t their bread-and-butter their operating system, and isn’t that open source?  Seriously, I’m asking.

Posted by Brent on February 24, 2004 at 3:07 PM (CST)

25

if im not mataken it was not a itunes comercial but an ipod comercial with the “real” people.


the only itunes comercials have been the animated one right??

if there suein get it right
it was an ipod comercial

Posted by BIGP in Texas on February 24, 2004 at 3:14 PM (CST)

26

(iTunes is now initiating litigation against all those in this post that said the suit was about an iTunes commercial, iPod’s people had no comment)  ;-)

Posted by Brent on February 24, 2004 at 3:18 PM (CST)

27

Hey I like apple but they would do the same thing to Eminem if he had infringed on any of their copyrights.

Posted by CE on February 24, 2004 at 3:31 PM (CST)

28

Does anybody have a copy of the commercial?

Posted by Maduarte in Madison WI on February 24, 2004 at 3:35 PM (CST)

29

A very similar set of commercials is here -> http://www.apple.com/music/ads/floyd.html

Watch Floyd sing The Who’s “My Generation” and tell me if that infringes on the Who’s property in any way.  It seems like there is a sufficient separation of the new product and the artist.

Posted by Brent on February 24, 2004 at 3:49 PM (CST)

30

Ever listen to Weird Al for awhile?  At first, it’s funny and you can actually find yourself “rocking out” to it… and then suddenly you hate it, and want nothing to do with it?

Thats how I feel about Eminem.  He’s today’s Weird Al.

Posted by Schiano on February 24, 2004 at 3:53 PM (CST)

31

Eminem is also one of the few “artists” who sued to stop Weird Al spoofing one of his pretentious videos. He’s got a thin skin and obviously thinks too much of himself.

Come on it’s amazing how many artists are remembered now through a Weird Al video rather than their original, overblown stuff.

The Amish video. The Star Wars video. The Pentiums video. Classics!

Posted by sue happy on February 24, 2004 at 4:10 PM (CST)

32

For all of you self righteous dolts that thinks Eminem has a leg to stand on, let me enlighten you about something called “Fair Use”.

ANY music can be used, copyrighted or not, for up to 30 secs in a commercial WITH NO COMPENSATION DUE TO THE ARTIST. You got that? AFTER 30 secs you must pay an artist a performance right fee.

Besides which - the ENTIRE rap industry was based on ripping off other peoples music - oh, I’m sorry , I think the term they used was “sampling”.

Most rap artists are a bunch of no talent thugs that make a living by spewing words. NONE of them could even be remotley considered musicians.

As far as I ‘m concerned, Eminem should go back to being the white trash that he is, hanging out with other trash like 50 cent. Let them “keep it real” in their “hood” by selling drugs and “pimpin ho’s” cause let’s face it - that REALLY is a life worth aspiring to.

Losers - all of them.

Posted by Chris on February 24, 2004 at 4:15 PM (CST)

33

Should 10 year olds even be singing eminem?

Posted by iObsessed on February 24, 2004 at 4:20 PM (CST)

34

in response to Chris’ ignorance post…

from a recent slashdot discussion:

“The “fair use” exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author.”

Apple was not doing any of the above things. They were using the song in an advertisement for their product. Fair use doesn’t apply in a commercial context.

Posted by eric on February 24, 2004 at 4:21 PM (CST)

35

In response to Eric’s iditioc response -

Eric, not even remotley the same fair use law I am talking about. There is a fair use law that allows commerical advertisers to use copyrighted music fo 30 (actually 29) secs with no compensation due to the artist. Go read up about at at the local musician’s union. I have been a member of the Washington DC local for over 20 years and have had to deal with this issue directly in regards to some recordings on which I performed and was subsequently used in commericial advertising.

Now, if you are calling my post ignorant becuase I summed up how I feel about the useless rap industry and the people that inhabit it - then, please, kiss my A$$.

Posted by Chris on February 24, 2004 at 4:33 PM (CST)

36

Eric - btw, can you prove your claim about Apple? Or are you just aping what your “hero” M and M claims? I personally have no recollection of this ad, and niehter do most people on this board.

If you can somehow produce some evidence to back up your definitive statement regarding exactly what Apple did I would love to see it.

Posted by Chris on February 24, 2004 at 4:35 PM (CST)

37

STFU loser

Posted by chris sucks my cock on February 24, 2004 at 4:41 PM (CST)

38

LOL - you MUST be a product of the “hip-hop"culture.

REALLY great response - I am so impressed with your"street” command of the English language.

Posted by Chris on February 24, 2004 at 4:46 PM (CST)

39

I guess that means there is something to what you say, huh, Chris?  Chris, do you agree that Apple’s intent does matter, and that they were not trying to defraud anyone?  I can only imagine a jury siding with Apple on this one.  Of course, it won’t ever go that far.

Posted by Brent on February 24, 2004 at 4:47 PM (CST)

40

Brent,

To be honest, I would have to see the commerical to give you an opinion on intent. I really don’t remember ever seeing any ad with M&M’s music.

But based on what I have read, I agree that a jury will side with Apple on this.

Also - why wait so long to sue Apple if the commercial was aired over 7 months ago? Did M&M just wake up out of his chronic haze?

Posted by Chris on February 24, 2004 at 5:00 PM (CST)

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