Eminem Polishes New Apple Suit

Tue., Jul. 31, 2007 6:40 PM PDT by Natalie Finn

Apple has been accused of partaking in some (slim) shady downloading.

Eminem's music publisher, Eight Mile Style LLC, and copyright manager, Martin Affiliated LLC, sued the computer and gadget maker Monday for copyright infringement, alleging that Apple didn't have their permission to make the hip-hop star's material available for downloading from its iTunes Music Store.

Apple did have the go-ahead from Universal Music Group, which receives a portion of Eminem's iTunes sales, but the plaintiffs claim that they never gave the record company permission to put the rapper's stuff online.

"Eight Mile and Martin have demanded that Apple cease and desist its reproduction and distribution and Apple has refused," reads the lawsuit filed in U.S. District Court in Detroit.

They are seeking more than $75,000 for the alleged copyright violation, unfair competition and a violation of the Michigan consumer protection act, and up to $150,000 in damages per infringement, meaning, per download. Per the plaintiffs, between 70 and 80 songs are in question, including tracks from 2003's The Eminem Show, which won a Grammy for Best Rap Album and has sold more than 7.6 million copies.

"This is a significant issue in the music industry," Eight Mile Style attorney Norman Ankers told the Associated Press Tuesday. "This occurs with many artists and many record labels."

Labels that own the recordings typically get about 70 cents or so from every 99-cent iTunes download, and about 9 cents of that is generally earmarked for the publisher, which owns the rights to scores and lyrics.

"Generally, artists want their music sold," Eight Mile administrator Joel Martin added. "We want it downloaded. We request that any provider that's offering downloads license it through the publisher. Apple is not accounting to us."

Meanwhile, Apple declined comment and late calls to Universal were not immediately returned.

Eight Mile Style, which is responsible for signing off on all commercial use of Eminem's music, and Martin also sued the iPod purveyor in 2004, protesting the corporation's use of the Oscar-winning tune "Lose Yourself" in an iTunes commercial. The case was settled for an undisclosed amount.

The following year, the perennial plaintiffs also settled their case against five companies that were selling Eminem ring tone downloads.