New Zealand National Party ordered to pay US rapper Eminem over Lose Yourself copyright claim
New Zealandâs National Party has been ordered to pay Eminem more than $500,000, after a court ruled a song used in the partyâs 2014 election campaign was a breach of the US rapperâs copyright.
The track, used during the conservative National Partyâs successful 2014 election campaign and titled Eminem Esque, was found to have âsubstantially copiedâ Eminemâs hit song, Lose Yourself.
The National Party used the song 186 times during the campaign before pulling the ad off the air.
Publisher Eight Mile Style sued, saying the track ripped off the rapperâs acclaimed 2002 hit.
The case was filed in 2014, and the court heard the songs and arguments in May.
âThe close similarities and the indiscernible differences in drum beat, the âmelodic lineâ and the piano figures, make Eminem Esque strikingly similar to Lose Yourself,â Justice Helen Cull wrote in her final judgement.
The court found Eight Mile Style was entitled to damages of $NZ 600,000 ($535,000), with interest, from June 28, 2014.
The court said the publisher had exclusive control over the song, and rarely granted permission for the song to be used in advertising.
However the party was not ordered to pay further damages because the court found it had not been reckless as it sought professional, commercial and media advice.
Beat drops and âdoodlingsâ: a thorough analysis
Justice Cull said the song, which won Eminem an Oscar for its role in the movie 8 Mile, had âa heightened irony in the context of these proceedingsâ.
She said the refrain of âYou better lose yourself in the music, the moment, you own it, you better never let it goâ was rapped âpropheticallyâ by Eminem.
The courtâs judgements were summarised in a 132-page ruling, where âexpert musicologistsâ delivered their verdicts on the similarities between the two tracks â often using slang.
âAt 1 [minute] 38 [seconds] of Lose Yourself the beat âdropsâ after tension and anticipation,â witness Dr Kirsten Zemke said.
âEminem Esque has no such drop.â
The University of Aucklandâs Dr Zemke referred to the âdoodlingsâ of the piano in both songs, saying they were most likely altered intentionally, âenough for the work to not copy anything that would qualify as âmelodic'â.
Justice Cull also took her own musical taste into account.
âThe ear tells you Eminem Esque sounds the same and the listener is left thinking one has come from the other,â she said.
Eminem has achieved notoriety for his controversial lyrics and unapologetic style.
Earlier this month, he launched an expletive-laden attack on US President Donald Trump during a four-minute freestyle rap unveiled at the BET Hip Hop awards.
The National Partyâs court loss came only days after an electoral defeat, as Prime Minister Bill English failed to form a coalition with so-called âkingmakerâ Winston Peters.
Mr Petersâ NZ First Party, which held the balance of power after Septemberâs inconclusive vote, chose Jacinda Ardernâs Labour Party to lead the country.
-ABC
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