Eminem vs NZ National Party: “Turn it up!”

New Zealand’s former ruling National Party has to pay NZ$600,000 (A$535,000) for breaching the copyright of Eminem’s ‘Lose Yourself’ (2002) during an election campaign three years ago.

The track it used was licensed from an Australian stock music library and had been composed by an American writer. That the track was titled ‘Eminem Esque’ indicated that it had been created as a sound-alike.

The Detroit rapper’s publisher Eight Mile Style sued, claiming that the Oscar- and Grammy-winning song had been tarnished as a result, as Eminem seldom licenses his songs for commercial third parties.

“’Lose Yourself’ is a jewel in the crown of Eminem’s catalogue,” one of Eight Mile’s legal team would emphasise during the hearing that followed.

Throughout the case, arguments were made that soundalikes may be similar to recognised hits but did not actually infringe copyright.

There was also a dispute between the Australian sound library and the U.S. company it licensed the track from, as to whether it should have been on offer at all.

Judge Helen Cull of the NZ High Court in a landmark 132-page ruling found, “’Eminem Esque’ has substantially copied ‘Lose Yourself’. The differences between the two works are minimal.

“The close similarities and the indiscernible differences in drum beat, the ‘melodic line’ and the piano figures make ‘Eminem Esque’ strikingly similar to ‘Lose Yourself’.

“’Eminem Esque’ substantially reproduces the essence of ‘Lose Yourself’.

“The parts of ‘Eminem Esque’ used in the National party’s campaign advertisements also substantially reproduce ‘Lose Yourself’.”

During the hearing, Judge Cull had not flinched when the profanity-filled original track was played in court and at one time asked, “Turn it up!” so she could hear the lyrics.

She later noted that Eminem’s rap “You own it, you better never let it go” turned out to be prophetic.

Judge Cull estimated the amount based on what the National Party would have paid if it had licensed the Eminem track itself.

She also took into consideration that the National Party had genuinely felt it was legal to use the soundalike, and had only used the track after getting advice from members of the NZ music industry,

A decision has not been made on who will bear the costs

After the ruling, Eight Mile Style commented through its spokesperson Joel Martin, “We find it incredible that the National Party went to such great lengths to avoid responsibility for using a weak rip-off of ‘Lose Yourself.’

“They knew we would not have permitted the use of the song in their political advertisement; however, they proceeded at their own risk and blamed others for their infringement.”

What remains to be seen if the ploy of using soundalike tracks for ads and jingles will make third parties more cautious.

The National Party said it was “deeply disappointed” with the decision and confirmed that the party had also begun legal action against the Australian and American companies linked with the soundalike.

One of the most high profile court cases of sound-alikes was in the ‘80s, relating to Huey Lewis and The News’ worldwide hit ‘I Want a New Drug’ and Ray Parker Jr’s Ghostbusters theme song.

Lewis claimed he had been originally asked by the Ghostbusters producers to write its theme.

But he turned it down because he was apparently working on the soundtrack to Back To The Future.

He says the producers then approached Parker to create a similar song to the Lewis hit.

Columbia Pictures paid Lewis an undisclosed sum in and out-of-court settlement.