May 10, 2005 11:50 AM PDT

Eminem settles with Apple over iPod commercial

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Eminem's copyright suit against Apple proceeds

May 18, 2004
Apple Computer and Eminem have settled a long-running dispute over Apple's use of the rap star's music in an iPod commercial.

Eminem's publisher, Eight Mile Style, filed a copyright infringement suit over a 2003 ad that featured a young boy wearing the signature white iPod headphones and singing Eminem's "Lose Yourself" aloud. Eight Mile Style contends that Apple did not have permission to use the rapper's song.

"It was amicably resolved," said Elizabeth A. McNamara, a partner at Davis Wright Tremaine who represented MTV and Viacom, which was also sued by Eight Mile Style. McNamara declined to comment on the terms of the settlement.

An Apple representative confirmed that a settlement had been reached but declined to elaborate on details. A representative for Eight Mile Style was not immediately available for comment.

In the lawsuit, filed in February 2004, Eminem--whose real name is Marshall Mathers--charged that he has never offered a national product endorsement and that any such endorsement "would require a significant amount of money, possibly in excess of $10 million."

In May 2004, a judge threw out certain state claims made by Eminem but allowed the core copyright case to proceed.

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Is it only Punk bands...
That don't sue over the use of their music? And I mean real punk bands, not this kool-aid drinking EMO softcore crap. I mean, seriously, Eminem sued Apple, Metallica sued Napster... That one guy sued Wierd Al for Amish Paradize... I've never heard the Exploited or the Buzzcocks going nuts because one of their tunes was used somewhere.

People making millions should not be allowed, morally, to sue. They should look at it as free-advertisement.
Posted by (464 comments )
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not in this country
if you really believe that any of those people do it for love of the music and not for money: you're lying to yourself.
Posted by mortis9 (370 comments )
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Copyright law gives the copyright holder the legal ability to control how their works are distributed. Apple's use of the song without permission is clearly illegal. Whether the rights holder choose to sue or not is up to them.
Posted by unknown unknown (1793 comments )
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It's their right.
Musicians, and artists in general, have always been exploited and
taken advantage. Though I am a HUGE Apple fan, I believe Marshall
Mathers was correct.

I have a different attitude towards Metallica than I do Eminem. But
that is actually a different subject.

Bottom-line, if the successful artists don't protect themselves, then
the little guys don't stand a chance in hades.
Posted by Thomas, David (1937 comments )
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It should be his right to decide what can be done with his property
It should be his right to decide what can be done with his property. Eminem had the right to sue and he should have that right. Just because he's rich doesn't mean he should lose his property rights. Apple showed their arrogance by assuming he would be thrilled to have his music stolen.
Posted by lingsun (478 comments )
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