Apple and Eminem settle out of court
Eminem. Photo: Imagine Entertainment
The dispute was over money, and like most civil cases, this one was settled out of court.
After five days of trial in a Detroit federal courthouse, Apple (AAPL) and Eminem's publisher, Eight Mile Style, came to an agreement Thursday night that neither side wants to talk about, according to the Detroit Free Press.
At issue were royalties on 93 songs that Apple has been selling on its iTunes music store under an agreement with Dr. Dre's Aftermath Records, which controls the rapper's sound recordings.
As Eminem's music publisher, Eight Mile Style had claimed copyright infringement. It was seeking to recover $2.58 million — its estimate of how much Apple has earned from sales of the music — as well as damages, which it set at $150,000 per infringement, or nearly $14 million.
Eminem, whose real name is Marshall Mathers III, was not officially party to the suit and did not appear in court. More
Apple and Eminem square off in court
Photo: Aftermath Records
[UPDATE: The trial has begun. See below.]
Barring a last-minute settlement, Apple will face Eminem's music publisher in a Detroit courtroom this morning.
At issue are royalties on 93 songs that Apple (AAPL) has been selling on its iTunes music store under an agreement with Dr. Dre's Aftermath Records, which controls the rapper's sound recordings.
Eight Mile Style LLC, Eminem's music publisher, claims copyright infringement and is seeking to recover the $2.58 million it estimates Apple has earned from sales of the music plus damages, which it set at $150,000 per infringement, or nearly $14 million.
Apple had hoped to cut a deal — and avoid a trial — in private settlement talks supervised by U.S. Magistrate Judge Virginia Morgan. But those talks broke down Wednesday night, according to the Detroit Free Press.
The non-jury trial was scheduled to begin at 9 a.m. ET in the courtroom U.S. District Judge Anna Diggs Taylor. It's not clear whether Eminem, whose real name is Marshall Mathers III, will testify.
The dispute dates back to July 2007, when Eight Mile Style and Martin Affiliated sued Apple, alleging that digital rights to Mathers' songs were sold without their approval. A copy of the suit is available here.
The music publisher had previously sued Apple for unauthorized use of his hit single "Lose Yourself" in an iTunes TV commercial. That dispute was settled out of court.
UPDATE: Courtroom reporting from the Detroit News: More
