Font Size: 
Eminem Record Label Bites at Apple in Closely Watched Copyright Trial
The American Lawyer
September 28, 2009
A copyright infringement battle between Eminem's record label Eight Mile Style and Apple Inc. kicked off on Friday in Detroit federal district court. Eight Mile Style claims Apple did not have a license to reproduce and sell 93 Eminem songs, for which it contends Apple has earned $2.58 million from iTunes downloads. Aftermath Records, founded by rapper and producer Dr. Dre, is also a defendant in the case. [Hat Tip: the Detroit Free Press]
In his opening statement, Eight Mile attorney Richard Busch of Nashville's King & Ballow said that Eminem's contract with Aftermath did not authorize the company to make his songs available for download on the iTunes service, the Free Press reports. Apple attorney Glenn Pomerantz of Munger, Tolles & Olson countered that Apple has a license on the songs, and that Eight Mile Style made 9 cents from each Eminem rap downloaded via iTunes.
Alston & Bird copyright lawyer Ben Sidbury told the Free Press that the case is being closely watched by music industry and copyright experts. "If the court finds that Apple does not have a license to distribute the songs, the court could order Apple to cease from making the songs available through iTunes and to pay damages for the unlawful use of the songs," Sidbury said. A verdict in favor of Eight Mile "would likely cause Apple and other online distributors of music to rethink their protocols for obtaining permission to make the music available online. A broader license could result in higher royalty rates, which in turn may increase the music download costs for consumers."
This article first appeared on The Am Law Litigation Daily blog on AmericanLawyer.com.
