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Apple ad shouldn't have used Eminem song, lawsuit claims

By Associated Press
Published February 25, 2004

DETROIT - Rapper Eminem's music publisher is suing Apple Computer Inc., claiming the company used one of the hip-hop superstar's songs in a television advertisement without permission.

Eight Mile Style filed the copyright infringement suit late last week against Apple, Viacom Inc., its MTV subsidiary and the TBWA/Chiat/Day advertising agency.

At issue is an ad for Apple's iTunes pay-per-download music software, in which a 10-year-old sings Eminem's Lose Yourself. The suit says the commercial aired on MTV beginning in July 2003 and ran numerous times for at least three months. It also appeared on Apple's Web site.

"Eminem has never nationally endorsed any commercial products and ... even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10-million," according to the 15-page lawsuit filed Friday in U.S. District Court in Detroit.

The suit claims that Apple Computer chief executive Steve Jobs called Joel Martin, manager of Eight Mile Style, and asked Martin and Eminem to "rethink their position" about allowing the use of the Grammy-winning song.

Eminem responded by ending discussions with Apple, according to the suit.

[Last modified February 25, 2004, 01:31:45]

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