Add Category
Updated
Rapper Eminem's song Lose Yourself has been played to a judge and nine lawyers in a New Zealand courtroom, where his music publishers are suing the country's ruling political party for allegedly copying it in a television advertisement.
The track, used in an ad during the conservative National Party's successful 2014 election campaign, was titled Eminem Esque and had a similar urgent, pulsing beat to Eminem's acclaimed 2002 song.
The party has previously said it purchased the track through an Australian-based supplier and does not believe it has infringed copyright.
The National Party wanted a song that was edgy and modern but showed the party was dependable, Garry Williams, the lawyer for Eminem's music publishers Eight Mile Style and Martin Affiliated, told the High Court in Wellington.
He said the music fared better with focus groups than a classical piece.
Party emails say song Eminem 'sound-alike'
National Party emails, quoted by Mr Williams, described the song as an Eminem "sound-alike".
In another, an agent for the party wrote:
"I guess the question we're asking, if everyone thinks it's Eminem, and it's listed as Eminem Esque, how can we be confident that Eminem doesn't say we're ripping him off?"
Mr Williams said the emails showed it was "utterly clear" the party knew it was using a copyrighted song.
Outside the court, a spokesman for Eminem's music publishers, Joel Martin, said he was surprised the two sides had not reached a settlement before the case began.
He said going to trial against an entity like a governing political party was unusual and extraordinary.
"The bottom line is we would never have permitted the use of the song in any political advertisement," he said.
He said the political views of the National Party were not a factor.
"We are Americans and we don't know about politics in New Zealand," he said.
Politician said song's use 'pretty legal'
In 2014, when the case was filed, National Party politician Steven Joyce said he thought the use of the song was "pretty legal", and Eminem's team were "just having a crack and a bit of an eye for the main chance because it's an election campaign".
That response was widely ridiculed, including by comedian John Oliver on his show Last Week Tonight.
"Pretty legal? That's not a concept that exists. That's like being sort-of dead," Oliver joked on the show.
The National Party and Mr Joyce's spokespeople said they would not comment while the case was before the court.
The judge-only trial is expected to last about six days.
ABC/AP
Topics: music, law-crime-and-justice, courts-and-trials, copyright, advertising, new-zealand, united-states
First posted