Eminem Wins New Zealand Copyright Lawsuit; Awarded Over 400K In Damages
26 October, 2017, 00:45 | Author: Darrell Baldwin
You might recall the story from frankly yonks ago when oldmate Eminem got het up because New Zealand'sNational Party allegedly cribbed Lose Yourself for one of their campaign ads.
The High Court has awarded $600,000 to Eight Mile Style which published the song, the fee being the "hypothetical licence fee" since 2014 if they had been given permission to use the song for their advertising.
In her ruling, Presiding Judge Justice Helen Cull said, "Eminem Esque is strikingly similar to Lose Yourself with minimal discernible differences and objectively, it was created to "sound like" Eminem andLose Yourself..." Eight Mile Style caught wind of the ad and subsequently sued the party in September of the same year for using this instrumental that is "objectively similar" to the Oscar-winning "Lose Yourself".
She said it was no coincidence the composer of Eminem Esque had the music to Lose Yourself in front of him when he wrote his song.
However, no additional damages were awarded because the National Party's actions were taken after getting professional, commercial, and media advice.
The National Party said it was disappointed with the ruling.
"Eminem Esque clearly stepped over the line". When reached for comment via phone, Eight Mile Style's publisher Joel Martin noted that he was initially incensed by the notion that "Lose Yourself" was being targeted as "unoriginal".
The party's president Peter Goodfellow said: "We purchased the piece of production music from a reputable Australian-based music production library, who had purchased it from a U.S. supplier".
Mr Goodfellow said that the Party is now considering the implications of the judgment and the next steps. It was found by a New Zealand court to have "substantially copied" his 2002 hit Lose Yourself.
Simpsons Solicitors director, Adam Simpson said it's a cautionary tale, that might serve as inspiration to invest in new music. It was calculated and intentional.
"We already have a claim against the suppliers and licensors of the track", he said.
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