Report: Eminem sues Apple for copyright infringement

Rap singer Eminem has accused Apple of copyright infringement in a multimillion-dollar lawsuit, according to a story in The Detroit News.

Eminem's music publishers have not given Apple permission to offer the artist's music for download, according to the report in Tuesday's paper, although Eminem's music is available through the Apple's iTunes Store.

Apple pays a portion of the revenue it collects from Eminem downloads to Universal Music Group, which distributes the music, but not to Eminem's publishers, the News reported. Eight Mile Style and Martin Affiliated, the companies representing Eminem, demand that Apple stop offering downloads.

The newspaper suggested that the problem is caused by the confusion over who owns the rights to downloads. Apparently, Eminem is asserting that record companies do not hold these rights exclusively.

Eminem has tangled in court with Apple before. Eight Mile Style and Martin Affiliated sued Apple in 2004 over the rapper's song "Lose Yourself," which Apple used in a TV commercial. The case was settled out of court.

Owen Sloane of Berger Kahn, an entertainment lawyer who has represented such artists as Steve Winwood, Barry Manilow and Stevie Nicks, said that he expects more entertainers will go to court to demand a larger slice of the digital pie. Music publishers have also expressed dissatisfaction at the way music royalties are distributed.

"All the publishers are rankled that they have to go after the record labels to collect their fees," Sloan said. "Sometimes these fees may not be accounted for properly. The publishers would prefer to collect directly from the source instead of the labels."

Apple did not respond to an interview request.

[SeizeCTRL]

Good for him!!!

Just goes to show how the record labels strive to screw over the artists and the consumers even in the digital age.

[MaLvaDo39]

Uhm

Shouldn't he be sueing Universal instead? They're the ones with the
contract to both parties.

[Thomas, David]

That's Like Suing WalMart

iTMS stands for iTunes Music Store. Honestly, I am curious why Eminem is suing
Apple. There must be more to this story. Suing Apple accomplishes nothing, zero,
nada (unless). Suing Universal gives the artists the power, and control they rightfully
deserve.

We are all tired of greedy record companies. I bet Eminem is suing Apple to get direct
access to records that will account for the tracks sold. I think this is what the RIAA,
and MPAA have feared all along.

[Dalkorian]

ROFLMAO!

I guess when you have no talent whatsoever, no brains and you've
used all your record proceeds on a 3 year drug binge, the best way
to get your name back in the headlines is to sue someone big.
Someone who can't fire your sorry butt for being a pain.

Someone like Apple.

How pathetic - at least I got a good laugh out of this though!

[umcrouc0]

You can't sue the retailer

If the distributor provides music to a retailer and tells them they can sell it, it's not the retailer's problem if the publisher isn't getting paid. Retailers pay distributors, the distributors then dish out money to the appropriate parties. A retailer doesn't have a contract with the publishers and doesn't know what the terms of the contract between the publisher and the distributor are, nor should they have to know. Contracts for royalties have nothing to do with retailers.

[starmarie10]

Eminem following Metallica's lead

Has Eminem forgot where he came from? Isn't this the same guy that rapped about his eviction notices and how one Christmas he had no money to even buy one present for his daughter? This is a man who loved music more than his life and now he's trying to take that same music away from his own fans? Doesn't he realize that Apple hardly makes any revenue from those 99 cent songs?! Most of the money goes back to the record labels! At least 70%. After distribution fees and operating expenses they make next to nothing. I've been a fan of Eminem way before he ever released a CD with Dr. Dre, but at this point I'm beginning to lose respect for someone who should be involved in finding a way for this technology to work for him and his labels rather than attacking his fans as well as companies that try to make his music content easily available. After reading this and the other related articles about Eminem I will NEVER buy another one of his CD's or purchase another concert ticket to his shows. I'm disgusted with him and his arrogance. He should just sit in his Detroit mansion and rap to himself, that way no one will have to hear his music again and we'll all be better off. Now that's an idea.

[dondarko]

apparently .99 cents per song is too cheap

for these "artists"

[plkrtn]

He can't possibly win

Seeing as Eminem featured in an iPod + iTunes advert, and has therefore actively promoted the sale of his songs on iTunes, he has absolutely no case.

The guy is quickly becoming washed up and over. He has two song styles, wacky and melancholy and the world is bored of hearing both. He is almost the age that he criticised Moby for being and still releasing music... We wouldn't want him to be a hypocrite now would we?? Oh wait, he already has been, as mentioned in the previous paragraph.

[michaelbabcock]

Read the story again

This isn't about Mathers not wanting his music available but that he doesn't trust the record companies -- you know, the people that the rest of us don't like either? He wants Apple to pay the royalties to the artists/publishers and not just to the old CD distribution channel.

[Chevaliermusic]

Honestly - I don't think this is about Apple

I think it's about distrust towards labels. I don't think many (any?) would say they believe that Uni or Sony are trustworthy these days. I think Em's lawyer is making a creative attempt to get money out of the labels hands or atleast force Uni to better account for online sales.

I've heard many complaints from artists who don't receive as much from online sales as they do from CD's.

Just a guess. What do u guys think?

[daxwax]

Recoed companies, Music publishers

From this short story...the reporter doesn't tell you what "DEAL" the three parties; APPLE, UNIVERSAL...and whoever holds the EMNEM PUBLISHING already have among themseleves.

It looks to me...that the PUBLISHING CO. is tired of "chasing" the RECORD CO. (UNIVERSAL) for it's share of the royalities.

In these contracts....there is a section that REQUIRES the accounting of ALL ROYALTIES PAID.

In other words..The Publisher of EMNEM songs can already request in most cases..up to TWICE a year a forensic accounting of monies collected from APPLE, paid to UNIVERSAL to ASCERTAIN if they're getting their agreeded upon royality rate.

What I'm getting from this story is that; the PUBLISHER wants to change the prior agreement with UNIVERSAL and now, wants to get a DIRECT accounting from APPLE...instead of UNIVERSAL.

I personally think that's a very SMART MOVE on EMNEM'S behalf. Also...it's a very easy thing to do...I wonder why this sort oF accounting WASN'T implemented when the idea first came up to sell songs to APPLE for DOWNLOAD. (A MUCH different aninal from those who asked about suing a Mortar and Brick business such as, WALMART)

The earlier ENMEN lawsuit against APPLE...has NOTHING to do with what's going on now.

[sapporobaby]

Once again

Well folks it was fun while it lasted. Time to start stealing music
again. This is a lawyers wet dream. Come on, this has got to be the
biggest shame, scam since the Bush-Chaney Iraq-a-palooza Tour.

[vmlenigma]

Ummm

Honestly Eminem's Music is not worth even downloading....in Limewire let alone buying it thru Itunes

[GrandpaN1947]

It's only RAP crap anyway

Watch the greedy trying to force music buyers into paying too much money for music. I think they are preparing for the day all illegal music downloading is stopped. Then they can extort an even higher price from teenagers hungry for music. The only way to stop them is to stop buying RIAA music.