Last Minute Talks in Eminem-Apple Downloads Row

Posted on Sep 23rd 2009 7:29AM by Stephen Dowling
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Eminem's publishers are in last-minute talks with Apple in an attempt to avert a costly legal battle over what the rapper's representatives say is unauthorised sales of his songs on iTunes.

The two sides have until the end of Wednesday to broker a settlement. If a deal isn't reached by Thursday, a non-jury trial will take place in Detroit, Mich.

Apple is being accused of making as much as $2.5m (£1.5m) from selling 93 of the rapper's songs

Publishers Eight Mile Style LLC and a co-plaintiff, Martin Affiliated LLC, are suing Apple Inc. saying the computer and music download giant did not have permission to sell the songs, the Associated Press reported. Eight Mile is also suing Aftermath Records, saying the label had no right to make deals on digital downloads.

The earnings are thought to include $466,915 (£284,033) made from one track alone -- 'Lose Yourself,' the theme to Eminem's 2002 film '8 Mile.'

Eminem's camp also said Aftermath wrongfully collected more than $4m (£2.4m) from digital downloads.

"Eight Mile and Martin have not provided that permission," the complaint says. "Therefore, Apple's reproduction and distribution of the digital transmissions via iTunes constitutes a continuing, and willful, infringement of Eight Mile's and Martin's copyright interests."

Apple has denied the allegations and said that its deal with Aftermath is legal. The case was originally filed in 2005.

The court case, however, doesn't mean Eminem's songs have been taken off iTunes. All of the tracks involved in the suit can still be bought off the service.

It is not the first time Eminem and Apple have locked horns. In 2005 Apple ran an ad campaign where their trademark silhouetted figure was seen dancing to Eminem's 'Lose Yourself -- which Eminem said amounted to product endorsement. The case was settled out of court.