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Eminem's Publisher And Apple Go To Court Over Download Rights
Posted on 2009-09-25 03:00:11
Artist/band(s): Eminem [FB]

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Source: http://www.mtv.com/news/articles/1622309/20090924/eminem.jhtml

Eight Mile asserts that Aftermath Records did not have the right to strike a deal for iTunes sales.By Eric Ditzian

EminemPhoto: Kevin Mazur/ WireImage

The multimillion dollar courtroom battle between Eminem and Apple Inc. over the rights to offer digital downloads of the rapper's music began in Detroit on Thursday. At stake is the availability of 93 of Em's iTunes tracks, including his hit single "Lose Yourself," according to The Associated Press.

The dispute boils down to this: Music publishing companies Eight Mile and Martin Affiliated assert that Aftermath Records, which controls the recordings, did not have the authority to strike a deal with Apple to sell Em's music on iTunes. Apple says that Aftermath was well within its right to sign a deal that pays Aftermath 70 cents per download, 9.1 cents of which go to the publishers.

Slim Shady was not in court as the trial began, nor is he a plaintiff or a witness in the dispute. In court, Apple defended the sale of the rapper's music and denied claims that contracts between Eight Mile and Aftermath did not cover digital music sales.

"Nowhere does it say 'only compact discs,' " Apple lawyer Glenn Pomerantz said in his opening statement, according to the AP. "Nowhere does it say ... 'not digital downloads.' "

Pomerantz called Aftermath's right to sell the music rights a matter of "common sense" and that Eight Mile has continued to cash royalty checks from Apple.

"They've been paid a lot of money," he said. "We don't begrudge them that. But they're not entitled to that money and Apple's profits."

Richard Busch, Eight Mile's lawyer, asserted that Apple has wrongfully collected $2.5 million from iTunes sales of Em's tracks, including $466,915 off of "Lose Yourself."

"The publisher owns these compositions, not Aftermath," he said. "If Eight Mile had a direct licensing relationship with Apple, this kind of nonsense would not happen."

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