Eminem’s music publisher takes Apple to court
Eminem’s music publisher wants a bigger slice of Apple. Eight Mile Style LLC and a co-plaintiff, Martin member LLC, is suing Apple Inc., claiming they never authorized the use of 93 songs in a downloadable format on Apple’s popular iTunes service.
The bench trial is expected to begin Thursday in the hometown of Detroit rapper, unless an agreement is reached on Wednesday with the help of the U.S. U.S. Magistrate Judge Virginia Morgan.
Eight Mile is also suing Aftermath Records, which controls the recordings in question, saying he had no right to make offers on digital downloads.
It is unclear from court documents how much money is at stake, but the plaintiffs argue erroneously Apple won 2.5 million U.S. dollars through downloads from iTunes, including $ 466,915 to “Lose Yourself”, the biggest hit from Eminem hip-hop movie “8 Mile. The editor also think you should get a share of profits from selling Apple iPods.
Eight Mile also claims unfairly collected Aftermath 4 million U.S. dollars out of Eminem’s songs on iTunes.
Apple denies the allegations and says he has a valid agreement with Aftermath Records. Eight Mile has received royalties, but said that does not mean you can not go ahead with a lawsuit.
The “acceptance of a single control for royalties on all authorized uses, but also containing small and hidden fees for unauthorized use, can not operate as a satisfaction of a claim,” Mile said eight lawyers in a recent presentation at the federal court.
Eight Mile says it still retains the property, including copyright, of the compositions in recordings of Eminem. If the case is not resolved, the trial before U.S. District Judge Anna Diggs Taylor will focus on how to interpret contracts.
Eight Mile in 1998 and 2003 agreed that “Eminem could create sound recordings containing the master builder, and that those teachers themselves Aftermath,” Apple’s lawyers said in a court filing.
“The parties also agreed that Aftermath and its distributors and licensees have the exclusive right to exploit Teachers compositions containing Eminem ‘in any and all media now known or hereinafter developed,'” the lawyers said.
Howard Hertz, lawyer for Eight Mile, refused to comment on the case Tuesday. A message seeking comment was left with Daniel Quick Apple / Team Legal Consequences.
It is unclear whether the rapper would attend a trial if there is one. Eminem, whose real name is Marshall Mathers, is not on the witness list.
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