Eminem’s NZ copyright case leads to a separate lawsuit in the U.S.

The copyright case against New Zealand’s National Party involving the use of a soundalike of Eminem’s 2002 hitLose Yourselfis expected to wrap up any day now.

The Wellington High Court judge must decide if the track, by Los Angeles-based film and TV composer Michael Cohen, was a straight rip-off or just inspired by the Oscar- and Grammy-winning Eminem song.

But a second lawsuit is filed in California over the authorisation of the use of the soundalike titled Eminem esque.

Sydney-based Beatbox Musiclicensed the track to the Nationals for NZ$4802 to use in its 2014 election TV campaign.

It obtained the track from Los Angeles-based Labrador Entertainment, which trades as Spider Cues Music Library and licenses audio files to TV shows, ads and movies.

Beatbox Music became a sub-publisher in Australia and New Zealand after a 2009 agreement with Labrador.

The music licence and fee were arranged through the Australasian Performing Rights Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS).

In a case filed on August 17, Beatbox wants indemnity from any possible damages awarded to Eminem’s publishers Eight Mile Style and Martin Affiliated.

It states in its lawsuit that it was assured that all musical compositions were “exclusive and original work.”

The two companies had also had discussions about changes to the library.

When Eminem’s two publishers launched their lawsuit in late 2015, Labrador unsuccessfully tried to remove itself from being included, arguing that the case should be heard in California.

A legal issue between Beatbox and Labrador was always on the cards.

During the two-week hearing in Wellington in May, Labrador President Noel Webb attested in a video-link from Los Angeles that out of caution, he had sound-alikes removed from his library in 2012.

He said he had also directed that they be removed from the libraries of companies that Labrador supplied.

Beatbox is disputing this, says Billboard.

In its court documents, it claims, “Labrador failed to direct Beatbox to remove any music tracks found in the existing Music Library (which had already been circulated to clients) which, on information and belief, Labrador knew or had reason to know that such tracks allegedly potentially infringed the rights of third parties.”

Beatbox claims that the Eminem case has cost it $320,367 in legal fees.

Its court filings states that AMCOS then began deducting from Beatbox’s royalty payments to account for its legal fees in relation to the Eminem case.

AMCOS allegedly deducted $231,221.33 even after settling with Eminem’s company for $70,686.

Beatbox Music is also claiming breach of contract and breach of covenant of good faith and fair dealing.

Two musicologists offered the Wellington High Court varying opinions if copyright infringement had taken place.