Eminem and Apple Head to Court Over iTunes Distribution
In his opening statement, Eight Mile attorney Richard Busch said unique wording in Eminem's contract with Aftermath Records requires the record company to get separate deals before it can sell downloads of Eminem's songs over the Internet.
The record company "knew that they did not have the right to make these songs available for digital download without a separate digital download agreement," Busch told U.S. District Judge Anna Diggs Taylor.
The Detroit Free Press noted earlier today that Apple had been hoping to reach a settlement with Eight Mile Style regarding the issue, but talks between the two parties broke down yesterday evening. Eight Mile Style contends that Apple earned $2.58 million from the improper sales.
Eight Mile Style previously sued Apple for improper use of Eminem's hit single "Lose Yourself" in an iTunes Store television commercial. The dispute was settled out of court with undisclosed terms.
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Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.
This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.
I was thinking the same thing, I don't get it.
This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.
Good question!
In that scenario, Apple may have been completely unaware that Aftermath didn't have the rights; but does that (in US law) make them less culpable?
Since Eminem's contract had "unique wording", they may simply have assumed all distribution rights were with one label, as with most artists; and they hardly have time to scour every artist's contract.
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