The Detroit-based publishers of Eminem's copyrights have filed proceedings in the High Court at Wellington today.
Eight Mile Style, LLC and Martin Affiliated, LLC are seeking damages for copyright infringement against the New Zealand National Party.
The proceedings stem from allegations that unauthorised use has been made of Eminem's Grammy and Academy Award winning song Lose Yourself in election campaign advertising run by the National Party in the lead up to the general election.
"Eminem's publishers were not approached for permission to use any of Eminem's songs for this campaign advertisement," said Joel Martin, speaking on behalf of the publishers.
"It is both disappointing and sadly ironic that the political party responsible for championing the rights of music publishers in New Zealand by the introduction of the three strikes copyright reforms should itself have so little regard for copyright.
"We do not hesitate to take immediate action to protect the integrity of Eminem's works, particularly where a party, as here, has sought to associate itself with Eminem and his work."
National to 'vigorously' defend action
In a statement, the National Party said it completely rejected the allegations the music used in its early campaign advertisements had infringed the copyright of any artist's work.
"The National Party purchased the music in question from recognised production music supplier Beatbox, based in Australia and Singapore. The music was originally published by Spider Cues Music, a well-established Los Angeles-based provider of music to the film and entertainment industry.
"As with all works licensed by the Beatbox library music service, the National Party was assured the music in question did not infringe any copyright and was an original work.
"Furthermore, the music license and fee were arranged through the Australasian Performing Rights Association and Australasian Mechanical Copyright Owners Society (Apra/Amcos), who act as agents for Beatbox in Australia and New Zealand.
"These organisations exist to protect the rights of artists.
"Regardless, as our advertising was moving on to different material at the time of the complaint, over two weeks ago, we were able to accommodate the complaining artist and undertake not to continue using the track. However, this has not satisfied the complainant."
The National Party said the song had been licensed multiple times both in Australia and New Zealand without issue or complaint.
It cited examples including Australia's Got Talent in 2011, Unsung Heroes on TVNZ in 2012, and Australia's A Current Affair last year.
"It appears though that the National Party is the only organisation that has used this material that is being legally targeted.
"We also note that up until now the music has continued to be freely available for licensing on the Spider Cues website.
"The National Party will be defending this action vigorously. As the matter is now before the courts we will not be making any further public comment."
Previous issues
The publishers have previously sued Apple for using an Eminem song in a commercial spot without permission.
There has also been a high profile dispute with Audi in which the publishers alleged that it had wrongfully used a substantial reproduction of Lose Yourself in its advertising.
Eight Mile Style, LLC and Martin Affiliated, LLC have engaged leading technology and intellectual property lawyers, Hudson Gavin Martin, and specialist intellectual property barrister, Garry Williams of Richmond Chambers, to act on their behalf in relation to the proceedings.
In 2007, the National Party was warned it could be in copyright trouble over the music used in a DVD to mark Prime Minister John Key's year as leader.
The newly created piece of music was reportedly similar to Coldplay's song Clocks.
The Australasian Performing Right Association, which manages copyright issues and licences for many international bands in New Zealand, notified the copyright holder for Coldplay frontman Chris Martin.
Lawyers for Eminem also sued Apple over a licensing issue relating to Lose Yourself in 2009.
Last year, the company sued Facebook for its use of Eminem and D12's track Under the Influence in an advertising campaign.
