New Zealand's highest court rejects Eminem damages appeal

American rapper Marshall Mathers, professionally known as Eminem. Picture: Reuters

American rapper Marshall Mathers, professionally known as Eminem. Picture: Reuters

Published May 16, 2019

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Wellington - New Zealand's top court on

Tuesday rejected an appeal by U.S. rapper Eminem against a lower

court ruling that reduced the damages a political party was

ordered to pay for using music similar to his 2002 hit "Lose

Yourself" in a TV commercial.

His music company Eight Mile was awarded NZ$600,000

(about R5.6 million) in damages in 2017 after a court ruled the use of the

track was a breach of copyright.

The Court of Appeal later reduced that amount to NZ$225,000 (about R2.1 million) and Eight Mile appealed to the Supreme Court.

"We have considered these points carefully but we are not

persuaded that they are matters of public importance or general

commercial significance that would justify a further appeal,"

the Supreme Court said in its ruling.

The track, played during the centre-right National Party's

successful 2014 election campaign and titled "Eminem Esque", was

found by a lower court to have "substantially copied" Lose

Yourself.

The National Party used the song 186 times during the

campaign before taking the ad off the air, the court said.

The Supreme Court ordered Eight Mile pay the National Party

NZ$4,500 in costs.

($1 = 1.5235 New Zealand dollars) 

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