May 2005
Apple has Settled a Copyright Dispute with Rapper Eminem
Rap star, Eminem, has received a settlement from Apple Computer, its MTV subsidiary Viacom and an advertising agency, in respect of their copyright infringement of Eminem's Oscar-winning track, Lose Yourself.
Apple's TV ad for its ipod showed a 10-year old boy singing Eminem's track both on MTV and on the Apple website in 2003. The rapper through his publisher, Eight Mile Style, had not given his permission and furthermore, it was stated that the star is not accustomed to endorsing any commercial products.
BRIFFA Comment:
This case highlights how important it is for broadcasters or like parties to make sure that proper and adequate rights clearances have taken place and that assignments or permissions in the form of licences have been obtained from the owner of the rights in the work in question. This should obviously take place before something is shown in public, especially if it is for commercial gain. Otherwise, one can become exposed to the huge pay-outs that comes with stardom if any such rights are infringed, for example, by being copied or used without permission. Lucky for Eminem, the party he was suing had clearly infringed his copyright and there was no doubt as to the capacity of the infringer to pay up.