News: UPDATE: Eminem's Music Publisher Fails To Settle Apple Dispute, Trial On Deck

Wednesday, Sep 23, 2009 6:40PM

Written by Cyrus Langhorne

Eminem's music publisher Eight Mile Style LLC and Apple, Inc. have failed to settle a dispute regarding the unauthorized usage of nearly 100 licensed songs forcing a trial to take place this week.

According to reports, the inability to secure a deal on Wednesday (September 23) afternoon led to a required trial.

Apple Inc. and Eminem's music publisher have failed to settle a dispute over 93 songs on iTunes, clearing the way for a trial in the rapper's hometown of Detroit. U.S. Magistrate Judge Virginia Morgan was overseeing private settlement talks Wednesday. Eight Mile Style LLC lawyer Howard Hertz says no deal was reached in the lawsuit. Eight Mile says it never authorized the 93 songs in a downloadable format on Apple's popular iTunes service. The publisher alleges copyright infringement. The lack of a settlement means Detroit U.S. District Judge Anna Diggs Taylor will start a trial at 9 a.m. Thursday. (Associated Press)

The dispute, which involves Aftermath Records, made headlines yesterday.

The matter will head to trial this week if the parties involved are not able to reach a last-minute deal. Eminem and Eight Mile Style allege that Apple is providing downloads of the artist's song through iTunes without proper permission. Apple, along with Aftermath Records, contends that not only is their arrangement legal, but the publisher has received royalties for the sale of songs on the iTunes Music Store. (Apple Insider)

Despite the seriousness behind the claims, the trial will likely last less than a week.

The trial is expected to last five to seven days before U.S. District Judge Anna Diggs Taylor in Detroit, said Howard Hertz, shareholder at Bloomfield Hills-based Hertz Schram P.C. and co-counsel for Eight Mile Style in the case. (Crains Detroit)

Em's music has had a strong impact on iTunes including his recent hit "Crack a Bottle."

The rap triumvirate of Eminem, Dr. Dre and 50 Cent will soar 78-1 on The Billboard Hot 100 to be posted tomorrow morning (Feb. 12) with "Crack a Bottle," which sets a Nielsen SoundScan record for opening week download sales (418,000). The first-week sum outpaces the prior mark of 335,000 downloads shifted by T.I. featuring Rihanna in the Oct. 18, 2008, issue. Among all weekly totals, "Bottle" ranks third behind Flo Rida's "Low" (467,000 on Jan, 12, 2008) and Lady GaGa's "Just Dance" (419,000 on Jan, 10, 2009). (Billboard)

Check out Eminem's "Die Already" below:

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