New Zealand conservatives ordered to pay Eminem £315000 for copyright breach
Oct 26, 2017, 00:44
Eminem and his associates have been awarded thousands in damages after filing a lawsuit against the New ZealandNational Party for their unlicensed use of a variation of his hit song "Lose Yourself", which appeared in his 2002 Academy Award winning movie "8 Mile".
The court held that the National Party used the song 186 times during the campaign before taking the advert off the air.
"Eminem Esque is strikingly similar to Lose Yourself with minimal discernible differences and objectively, it was created to "sound like" Eminem and Lose Yourself..."
"I hope it means we see more original music in advertising and those people who do want to use sound-alike's do so much more cautiously".
"We think it's an excellent judgment, and a cautionary tale for individuals that make or make use of sound-alikes around the globe", stated Adam Simpson, a Sydney-based lawyer who stood for Eminem author Eight Mile Style.
In her decision, the judge admonished the National Party by citing the song's chorus.
After New Zealand's conservative National Party failed to retain its governorship of the country following last month's general election, it has been dealt another blow.
She said it was no coincidence the composer of Eminem Esque had the music to Lose Yourself in front of him when he wrote his song. He said the party purchased the music in good faith from an Australia-based library that had bought it from a US supplier.
The National Party said it was disappointed with the ruling. "It copied the essential elements that made "Lose Yourself' a global hit".
The publisher had exclusive control over the song, and rarely gave permission for its use in advertising, the court said.
He said the party was considering its next steps and had already lodged a claim against the suppliers and licensors of the sound-alike track. It was calculated and intentional.
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