Trial over Eminem downloads starts up
September 25, 2009
A trial that could reshape the music-downloading industry began Thursday, pitting the music publisher of hip-hop megastar Eminem against computer giant Apple Inc. The case in U.S. District Court in Detroit is being watched closely by music industry and copyright experts. Eight Mile Style LLC contends in its lawsuit against Apple that the computer company earned $2.58 million from downloads of Eminem songs.
Eight Mile attorney Richard Busch said during his opening statement Thursday that Eminem's contract with record company Aftermath Records did not give the company the right to make his songs available for download on Apple's popular iTunes service.
Aftermath Records, founded by rapper and producer Dr. Dre, also is a defendant. Eight Mile Style is claiming copyright infringement, alleging Apple did not have a license to reproduce and sell 93 songs at issue.
Apple attorney Glenn Pomerantz countered that Eight Mile Style made money off the download purchases. He said Eight Mile made 9 cents off each song that customers downloaded from iTunes.
Despite the lawsuit, Eight Mile continued cashing royalty checks, Pomerantz said.
"They've been paid a lot of money," he said. "But they're not entitled to that money and Apple's profits."
U.S. District Judge Anna Diggs Taylor is presiding over the trial without a jury. Testimony is expected to last a week. Eminem is not expected to appear at the trial.
Ben Sidbury, a copyright attorney with Alston & Bird law firm, said the verdict will have major ramifications.
"If the court finds that Apple does not have a license to distribute the songs, the court could order Apple to cease from making the songs available through iTunes and to pay damages for the unlawful use of the songs," said Sidbury of Charlotte, N.C.
Sidbury added that a verdict in favor of Eight Mile "would likely cause Apple and other online distributors of music to rethink their protocols for obtaining permission to make the music available online."
Source: www.freep.com
