James Delahunty
23 Sep 2009 18:15
Apple Inc. and Eight Mile Style LLC, Eminem's music publisher, are set to decide a 2007 lawsuit by a jury-less trial later this week in Detroit unless a late settlement is reached. Eight Mile claims that Apple did not have the appropriate permissions to sell 93 songs in a downloadable format through the iTunes music store. Also being sued is Aftermath Entertainment for approving the digital downloads.
"The case did not settle today and we are expecting to start trial first thing tomorrow morning," Howard Hertz, a lawyer for Eight Mile Style, said on Wednesday. The lawsuit alleges that Apple wrongfully gained $2.58 million from iTunes downloads, including $466,916 from sales of the track "Lose Yourself".
In a stunning demand, the lawsuit also seeks a cut of $16 million in iPod sales profits it alleges could be attributed to the 93 tracks. Eight Mile is also seeking $4.03 million from Aftermath Entertainment. Eight Mile agreed in 1998 and 2003 that "Eminem would create master sound recordings embodying compositions, and that Aftermath would own those masters," Apple's attorneys said in a court filing.
"The parties also agreed that Aftermath and its distributors and licensees would 'have the exclusive right' to exploit the masters embodying the Eminem compositions 'in any and all forms of media now known or hereinafter developed."