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Slim Shady vs. Steve Jobs PDF Print E-mail

20060224em.jpgOn the surface, this seems like a trivial issue. Eminem's music publisher and copyright manager (Eight Mile Style and Martin Affiliated respectively) have sued Apple over rights to sell the rapper's music via iTunes. The suit highlights the critical differences in HOW publishers and distributors (in this instance Universal Music Group) are paid. The reality here is that Apple is the middle-man in a much larger legal issue.

To be succinct, if buying an electronic song is considered a sale, then the publisher makes the most money. The distributor recieves only a royalty fee. If, however, buying an electronic song is NOT a sale, but a licensing agreement, it then becomes a 50/50 split of the revenue. There is a serious implication here, namely, setting legal precedent as to exactly what constitutes an electronic media purchase.

The whole concept of "licensing agreement" is the industry's "big stick". It uses the DMCA to abrogate what were previously considered "Fair Use" rights under traditional copyright law. Without the ability to push this concept, major record labels may have to surrender a significant amount of control over the industry (as well as future profits) to publishers and artists. Gee, you would think the people that actually create content should have control. Right? TheRegister reports...

Eminem's music publisher has filed a multimillion-dollar lawsuit against Apple over iTunes downloads, alleging the company is violating copyrights by selling the rapper's song online.

The lawsuit was filed Monday in US District Court in Detroit by Ferndale-based Eight Mile Style and Eminem's copyright manager, Martin Affiliated. The complaint alleges that although Apple has inked a contract with Universal Music Group to sell Eminem's music on iTunes, Eight Mile Style and Martin Affiliated have not authorized the downloads.

"Eight Mile and Martin have demanded that Apple cease and desist its reproduction and distribution and Apple has refused," the complaint states.




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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.

 
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