Eight Mile Style v. New Zealand National Party
New Zealand High Court
[2017] NZHC 2603 (2017)
- Written by Liz Nakamura, JD
Facts
Beatbox Music of Australia (Beatbox) sub-licensed the music track “Eminem Esque” to the New Zealand National Party (NZNP) (defendant) for use in a political advertisement. “Eminem Esque” was a musical cue, meaning a musical prompt for a performer, politician, or similar. Eight Mile Style (EMS) (plaintiff) filed a copyright-infringement action against NZNP, arguing that NZNP’s use of “Eminem Esque” infringed EMS’s copyright in “Lose Yourself,” a popular rap track composed and performed by Marshall Mathers, known professionally as Eminem. EMS argued that “Eminem Esque” substantially reproduced the protected elements of “Lose Yourself.” Beatbox’s right to sub-license “Eminem Esque” was challenged in a separate lawsuit. NZNP countered, arguing that “Eminem Esque” was not substantially similar to “Lose Yourself” and that the relevant portions of “Lose Yourself” were not original and therefore not copyrightable.
Rule of Law
Issue
Holding and Reasoning (Cull, J.)
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