Reports: Eminem Sues National Party Over Use of His Song

The National Party is reportedly being sued by Eminem's publishers for alleged copyright infringement over the use of one of his songs in an election ad.

In proceedings filed today in the Wellington Registry of the High Court of New Zealand, Eight Mile Style, LLC and Martin Affiliated, LLC, the Detroit-based publishers of Eminem’s copyrights, are seeking damages for copyright infringement against the New Zealand National Party. The proceedings stem from allegations that unauthorised use has been made of Eminem’s Grammy and Academy Award winning song, “Lose Yourself”, in election campaign advertising run by the National Party in the lead up to the 2014 New Zealand General Election which is to take place on 20 September 2014.

Joel Martin, speaking on behalf of the publishers, said: “The claim we have filed alleges copyright infringement. Eminem’s publishers were not approached for permission to use any of Eminem’s songs for this campaign advertisement. It is both disappointing and sadly ironic that the political party responsible for championing the rights of music publishers in New Zealand by the introduction of the 3 strikes copyright reforms should itself have so little regard for copyright. We do not hesitate to take immediate action to protect the integrity of Eminem’s works, particularly where a party, as here, has sought to associate itself with Eminem and his work.”

“Lose Yourself” is one of the most iconic copyrights in the world and the song’s publishers have rarely authorised its use to advertise products and have said that they would never allow it to be used in connection with any political campaign. “We enjoy working with clients who approach us with creative ideas to use our song where real value is created for all parties, but we will always be aggressive in protecting our valuable rights.”

The publishers have previously sued Apple for using an Eminem song in a commercial spot without permission. There has also been a high profile dispute with Audi in which the publishers alleged that it had wrongfully used a substantial reproduction of “Lose Yourself” in its advertising.

Eight Mile Style, LLC and Martin Affiliated, LLC have engaged leading technology and intellectual property lawyers, Hudson Gavin Martin and specialist intellectual property barrister, Garry Williams of Richmond Chambers to act on their behalf in relation to the proceedings.

The National Party have released the below statement in response: 

The National Party completely rejects the allegation that the library music used in its early campaign advertisements is a copyright infringement of any artist’s work.

The National Party purchased the music in question from recognised production music supplier “Beatbox”, based in Australia and Singapore. The music was originally published by Spider Cues Music, a well-established Los Angeles-based provider of music to the film and entertainment industry.

As with all works licensed by the Beatbox library music service, the National Party was assured the music in question did not infringe any copyright and was an original work.

Furthermore, the music license and fee were arranged through the Australasian Performing Rights Association and Australasian Mechanical Copyright Owners Society (APRA/AMCOS), who act as agents for Beatbox in Australia and New Zealand. These organisations exist to protect the rights of artists.

Regardless, as our advertising was moving on to different material at the time of the complaint, over two weeks ago, we were able to accommodate the complaining artist and undertake not to continue using the track. However, this has not satisfied the complainant.

We note that the work in question has been licensed multiple times both in Australia and New Zealand without issue or complaint, for example Australia’s Got Talent (Australia 2011), Unsung Heroes (TVNZ 2012) and A Current Affair (Australia 2013).

It appears though that the National Party is the only organisation that has used this material that is being legally targeted.

We also note that up until now the music has continued to be freely available for licensing on the Spider Cues website.

The National Party will be defending this action vigorously. As the matter is now before the courts we will not be making any further public comment.