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Tuesday, 24 February, 2004, 23:22 GMT

Eminem sues Apple for using song

Eminem Rap star Eminem is sueing computer firm Apple on the grounds that it used one of his songs in a commercial without his permission.

The lawsuit claiming infringement of copyright has been filed on behalf of the singer by his music publishing company Eight Mile Style.

Eminem, whose real name is Marshall Mathers, says the advertisement featured his hit song 'Lose Yourself'.

The lawsuit says the star is entitled to "exemplary damages".

'Bad faith'

In the advertisment in question - for Apple's iTunes pay-per-download music store, and aired last year on MTV - a young boy is playing an Apple iPod, the company's personal music player.

The lawsuit, which also names MTV and advertising agency TBWA/Chiat/Day claims the child sings along to the song being played - 'Lose Yourself'.

"At no time did Apple, Chiat/Day or MTV receive authorization or permission to record, reproduce, perform, transmit, copy, use or otherwise exploit the composition ("Lose Yourself") for any purpose," it said.

"Defendants have acted intentionally, recklessly, willfully and in bad faith," it added.

The lawsuit went on to say that Eminem has never endorsed any commerial product, but that if he did it would be for in excess of $10m (£6m).

Apple has yet to make any comment.



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Related to this story:
Thousands rush to order iPod mini (18 Feb 04  |  Technology )
Apple store tops 25 million tunes (16 Dec 03  |  Technology )
Ruling on Eminem 'racist' rap (23 Dec 03  |  Entertainment )
Secret Service ends Eminem probe (09 Dec 03  |  Entertainment )

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