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Music

Eminem Is Taking New Zealand’s National Party to Court Next Week

Publishers for the Detroit rapper allege the party breached copyright by using a track that sounded like 'Lose Yourself' in a campaign advertisement.

This story originally appeared on Noisey Australia.

The streets of Detroit’s 8 Mile may be a world removed from New Zealand’s capital but a legal rap battle kicks off February 20 when Eminem’s music publishers face New Zealand’s ruling National Party at the High Court in Wellington with claims the party breached copyright by ripping off the highly recognisable riff from the rapper’s award-winning song “Lose Yourself”.

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The matter first arose last September in the midst of an explosive election campaign that had already seen the publication of a book claiming the National Party had been using long-armed smear tactics to take down political opponents. The party was then called out for airing a rowing-themed television advert featuring music distinctly reminiscent of the rap that sits at the core of the Eminem’s 2002 semi-autobiographical film 8 Mile. The Grammy and Academy Award winning song charts the struggles of a young rapper who battles extreme nerves to reach lyrical glory, a spirit that Eminem’s publishers allege the National’s tried to capture when it chose the song forcampaign advertisements throughout the 2014 election.

The conservative National Party purchased rights to the instrumental song from music supplier Beatbox, which has headquarters in both Australia and Singapore. The track has since been pulled from the service’s catalogue, but it has been used numerous times since it was first published by Los Angeles firm, Spider Cues Music. However, it was the awkward alignment with a New Zealand political party that raised the hackles of the Detroit-based publishers Eight Mile Style and Martin Affiliated, who claim they were not approached for permission to use any of Eminem's songs for the advertisement. The National Party says it was assured at the time of purchase the music did not infringe any copyright and was an original work. It also has complained of being specifically targeted as no other groups who have licensed the music have been named in the action.

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Responding to questions about the legality of the party’s campaign song, campaign director Steven Joyce said, “Oh, we think it’s pretty legal, I think these guys are just having a crack”. A statement that didn’t go unnoticed by American telveison program Last Week Tonight with John Oliver.

This week, when it became clear that Eminem’s music publishers would be pressing legal action against the party, Joyce wasn’t keen to offer another potentially embarrassing comment, saying: "I'm sure you've got a tape of what I said at the time”.

Speaking on behalf of the publishers, Joel Martin explained their decision to seek damages for copyright infringement was about upholding the integrity of Eminem’s work. “‘Lose Yourself’ is one of the most iconic copyrights in the world and the song’s publishers have rarely authorised its use to advertise products and have said that they would never allow it to be used in connection with any political campaign,” he said. Lawyers for the National Party and those representing 8 Mile Style will meet in the Wellington High Court on February 20 to discuss the process.

If action proceeds further the National Party could face paying damages that reach into the five-figure mark.

Suggestions that a rap battle may be the most appropriate way to settle matters. Meanwhile, Twitter newshounds are vaguely hopeful that there may be other outcomes from the case:

If Eminem wins the case, do we get another election?

— Barnaby Bennett (@mrbarnabyb) February 10, 2015

So the Nats get to find out just how much of a defence "pretty legal" is @Eminem

— Clare Curran (@clarecurranmp) February 10, 2015

Calling dibs on Eminem if he comes to NZ next week for the court case. I'll get him off the meds and on my knob #poetry

— Stritchy (@realstevegray) February 11, 2015