Apple, Eminem Hoping To Avoid Court Date

Rap star Eminem and Apple are looking at a date in court if both parties are unable to broker a deal concerning a lawsuit about whether the rapper’s music could be used with iTunes.

Eight Mile Style, Eminem’s music publisher, and another plaintiff, Martin Affiliated, are claiming in a lawsuit in federal court in Detroit that Apple was never authorized to use 93 songs in a downloadable format on iTunes, according to a Reuters report.

If a deal is not reached by the end of today (9-23), the case will go before a federal court in Michigan in a non-jury trial set to open Thursday.

Also being sued is Aftermath Records, which has control of Eminem recordings, and which the plaintiffs say had no right to enter agreements for digital downloads.

“Eight Mile and Martin have not provided that permission,” says the complaint. “Therefore, Apple’s reproduction and distribution of the digital transmissions via iTunes constitutes a continuing, and willful, infringement of Eight Mile’s and Martin’s copyright interests.”

Apple has denied the allegations, claiming that authorization for the downloads had been granted, and that Eminem’s publisher has received “substantial royalties” on the songs, court papers show.

Apple cannot be excited about the possibility of a court date with the rap star. Even if they feel they are on the right side of the issue, they risk monetary loss and getting dragged down into a copyright battle the company probably doesn’t want. Eminem says the songs were not authorized to sell on iTunes, Apple says the opposite. Hopefully the judge is a music fan.

But the idea of Slim Shady on the witness stand does sound intriguing.

It’s unknown how much money is at stake in the case, but the plaintiffs claim Apple wrongfully gained $2.5 million through iTunes downloads. One of the song’s caught up in the royalty fight is “Lose Yourself,” from Eminem’s 2002 film 8 Mile.

Eight Mile has received royalties but says that does not mean it cannot go ahead with the lawsuit.

“(The) acceptance of a single cheque containing mostly royalties for authorized uses, but also containing small and hidden royalties for unauthorised uses, cannot operate as a satisfaction of a claim,” the Daily Express quoted Eight Mile’s lawyers as saying.

Now that more artists and online music services are getting into music licensing deals, the whole digital copyright situation gets harder to navigate; too many old copyright issues clashing with new digital rights issues, leaving the outcome confusing.

We’ll see if the Apple lawyers and the Eminem lawyers come up with a deal, or if the issue is headed to court tomorrow.

This is not the first time Marshall Mathers, AKA Eminem, has pointed the legal finger at Apple. In 2004, Eminem’s team sued the iPod maker for using one of the rapper’s songs in a TV ad for iTunes.

The issue was handled out of court.

Do you think Eminem is just looking for more money, or do you agree Apple should pay up for using his music?