The New Zealand High Court has found the National Party did breach copyright when it used what it believed was a legitimate replica of rapper Eminem’s hit Lose Yourself in a 2014 campaign ad
A court has ruled in favour of Eminem in his copyright battle with the New Zealand National Party.
The rap superstar’s publishers Eight Mile Style are suing the New Zealand National Party after they used his hit song in a campaign advertisement.
Eminem’s representatives claimed the rebranded tune, which featured the iconic guitar line, was at least a substantial replication of the one featured in Lose Yourself.
On Tuesday, the New Zealand High Court ruled in Eight Mile Style’s favour, ordering the National Party to pay $600,000 – not including interest.
The judge ruled the tune used in the advertisement, Eminem Esque, is a ‘substantial copy’ of Lose Yourself.
There were ‘indiscernible differences in drum beat, the “melodic” line and the piano figures’, Justice Helen Cull ruled.
In addition to the $600,000 fee, interest will be repayable too, at a rate of five per cent, from June 28 2014 to the date of payment.
This is on top of the $4802 the National Party paid to license the similar copy from a production library of compositions and sound effects intended for commercial use in advertisements, films and tv shows.
National Party President Peter Goodfellow said in a statement the party was ‘disappointed’ about the High Court’s decision.
He took care to note that the Court did find: ‘before using the track the Party took extensive advice and sought assurances from industry professionals that the track could be used by the Party’, and that they had not acted ‘flagrantly’.
Mr Goodfellow said the music was purchased from a reputable Australian-based music production library, who had purchased it from a US supplier.
‘The music was licensed with one of New Zealand’s main industry copyright bodies, the Australasian Mechanical Copyright Owners Society (AMCOS),’ he said.
‘Being licensed and available for purchase, and having taken advice from our suppliers, the Party believed the purchase was legal.
The advertisement was used ahead of the 2014 election when Prime Minister John Key (pictured) was re-elected for a third term as the country’s leader
‘The Party is now considering the implications of the judgment and the next steps.
‘We already have a claim against the suppliers and licensors of the track.’
During the trial, lawyers for the National Party claimed the song was inspired by the track but is different.
The song was used in a National television advertisement that ran ahead of the 2014 general election. It was aired 186 times before it was pulled.
National went on to win the election and Prime Minister John Key was re-elected for a third term as the country’s leader.
But just days ago, National and new leader Bill English were ousted from power due to a coalition between Prime Minister-elect Jacinda Ardern’s Labour party and New Zealand First.
At the time the lawsuit was filed, senior cabinet minister Steven Joyce said he felt National’s use of the song was ‘pretty legal’.
At the time the lawsuit was filed, senior cabinet minister Steven Joyce (pictured) said he felt National’s use of the song was ‘pretty legal’
During a two-week trial at the High Court in Wellington in May this year Judge Helen Cull heard musicologists analyse the two songs and give differing opinions on the similarities between them.
A National Party campaign manager said she had received assurances from music and advertising experts that using ‘Eminem Esque’ was acceptable and that the song had no copyright issues.
But Eight Mile Style lawyer Garry Williams said it was ‘utterly clear’ National had infringed on copyright.
Jeff Bass, the composer of the opening guitar riff on ‘Lose Yourself, appeared in court and called ‘Eminem Esque’ a ‘blatant rip-off’.
The unwelcome verdict comes just days after National and new leader Bill English were ousted from power