News: Eminem's Publisher Wants To Slice Apple In $2.2 Mil Settlement
Saturday, Oct 9, 2010 10:14AM
Eminem's Eight Mile Style publishing company has reportedly sought legal action to enforce a settlement against Apple, Inc., totaling over $2.2 million dollars.
Details on the legal approach were released online Saturday (October 9).
Eminem's music publisher has asked a U.S. District Court judge in Detroit to enforce a settlement reached in a lawsuit against Apple Computer Inc. totaling more than $2.2 million. The request by Ferndale-based Eight Mile Style LLC, filed under seal Tuesday, asked the court to enforce a settlement stemming from a lawsuit over downloads of the hip-hop star's music on iTunes. The settlement -- never previously disclosed -- has grown to more than $2.2 million, including attorney fees, according to court records. It was unclear which company was responsible for paying the settlement, but the only defendants in the case are Apple and Aftermath Records. The motion was filed less than a month after a federal appeals court in California found Eminem's former production company is entitled to more money from downloads of the rapper's songs and ringtones. (Detroit News)
Last month, a decision was made which allowed Eminem and his producers to receive a 50-50 split with Universal for music licensed to Apple's iTunes division.
In a case involving the recordings of rap artist Eminem, the Ninth Circuit Court of Appeals ruled that rights to use permanent downloads and mastertones constitute licenses and not sales of recorded music for purposes of determining the applicable royalty rate. F.B.T. Productions, LLC v. Aftermath Records, Nos. 09-55817, 09-56069, 2010 WL 3448098 (9th Cir. Sept. 3, 2010). The Ninth Circuit relied on both contract interpretation as well as case law applying the meaning of the term "license" under the Copyright Act. The explosion of digital recordings and e-books has raised new issues with respect to who may exploit digital rights and the royalty rates applicable to new media. (Lexology)
Last October, an agreement was made in the legal dispute.
"The case was settled to the satisfaction of all parties," Eight Mile attorney Richard Busch said. He said terms of the deal are confidential. The agreement was reached Thursday night after five days of trial in federal court here in the hip-hop star's hometown. A message seeking comment was left with Glenn Pomerantz, an attorney for Apple and Aftermath. Eminem was not a witness and did not testify. Eight Mile is owned by brothers Mark and Jeff Bass, songwriters and producers who are credited with launching the rapper's career. (Associated Press)
Prior to the arrangement, the two parties were set to go to 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. (Mac World)
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