Eminem Facebook Lawsuit: Em's Publisher Takes On Zuckerberg Over Ad Music

By Alex Galbraith, Mstars Reporter | May 21, 2013 02:16 PM EDT

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Eminem's publisher Eight Mile Style filed a lawsuit against Facebook for copyright infringement. Specifically, the case deals with an ad for Facebook Home called "Airplane" that uses music which sounds similar to "Under The Influence" from Eminem's 2000 album, The Marshall Mathers LP.

According to The Hollywood Reporter, the infringement was entirely intentional, a move on ad agency Wieden + Kennedy to catch the eye of CEO Mark Zuckerburg, who is on record as an Eminem stan.

"W+K incorporated said music into the Airplane advertisement in an effort to curry favor with Facebook by catering to Zuckerberg's personal likes and interests," the lawsuit says.

Eight Mile issued a cease-and-desist letter to Facebook, and was met with an angry and inaccurate response according to the lawsuit. The lawsuit's summary of Facebook's reponse is below:

"The April 29, 2013 reply from counsel was brimming with bellicose language and replete with gross factual inaccuracies. First, counsel falsely and wrongfully alleged that Andre Young, professionally known as Dr. Dre, composed 'Under the Influence.' Yet, a simple Internet search of the Eminem/D12 Composition would have revealed that 'Under the Influence' was composed by Marshall Mathers, III, and members of D12, including Denaun Porter, Von Carlisle, Ondre Moore, R. Arthur Johnson, and DeShaun Holton. Dr. Dre likewise did not produce 'Under the Influence.

"After wrongfully disparaging Dr. Dre with inflammatory accusations about his practices as a producer and his alleged 'long, well-documented history of copyright infringement,' (which is misguided, gratuitous and irrelevant since Dr. Dre was not involved in the creation of the Eminem/D12 Composition), the letter continues with bizarre allegations that Dr. Dre has actually stolen from Michael Jackson because 'Under The Influence' is supposedly a rip-off of one of Michael Jackson's songs."

The lawsuit claims that "not one person" who saw the Facebook ad "and commented on it in the blogosphere" claimed it sounded like a Michael Jackson composition.

Also, after the original compliant, W+K altered the tune of the Facebook Home ad. However, Eight Mile Style not only views this as "an admission that Facebook knew it had infringed on the Eminem/D12 Composition" but continues on with their lawsuit as they own rights to all song derivatives.

Check out the entire complaint here.

I've included both the original track and the ad below:

What do you think? Did Facebook knowingly infringe upon Eminem's copyright?Eminem's publisher Eight Mile Style filed a lawsuit against Facebook for copyright infringement. Specifically, the case deals with an ad for Facebook Home called "Airplane" that uses music which sounds similar to "Under The Influence" from Eminem's 2000 album, The Marshall Mathers LP.

According to The Hollywood Reporter, the infringement was entirely intentional, a move on ad agency Wieden + Kennedy to catch the eye of CEO Mark Zuckerburg, who is on record as an Eminem stan.

"W+K incorporated said music into the Airplane advertisement in an effort to curry favor with Facebook by catering to Zuckerberg's personal likes and interests," the lawsuit says.

Eight Mile issued a cease-and-desist letter to Facebook, and was met with an angry and inaccurate response according to the lawsuit. The lawsuit's summary of Facebook's reponse is below:

"The April 29, 2013 reply from counsel was brimming with bellicose language and replete with gross factual inaccuracies. First, counsel falsely and wrongfully alleged that Andre Young, professionally known as Dr. Dre, composed 'Under the Influence.' Yet, a simple Internet search of the Eminem/D12 Composition would have revealed that 'Under the Influence' was composed by Marshall Mathers, III, and members of D12, including Denaun Porter, Von Carlisle, Ondre Moore, R. Arthur Johnson, and DeShaun Holton. Dr. Dre likewise did not produce 'Under the Influence.

"After wrongfully disparaging Dr. Dre with inflammatory accusations about his practices as a producer and his alleged 'long, well-documented history of copyright infringement,' (which is misguided, gratuitous and irrelevant since Dr. Dre was not involved in the creation of the Eminem/D12 Composition), the letter continues with bizarre allegations that Dr. Dre has actually stolen from Michael Jackson because 'Under The Influence' is supposedly a rip-off of one of Michael Jackson's songs."

The lawsuit claims that "not one person" who saw the Facebook ad "and commented on it in the blogosphere" claimed it sounded like a Michael Jackson composition.

Also, after the original compliant, W+K altered the tune of the Facebook Home ad. However, Eight Mile Style not only views this as "an admission that Facebook knew it had infringed on the Eminem/D12 Composition" but continues on with their lawsuit as they own rights to all song derivatives.

Check out the entire complaint here.

I've included both the original track and the ad below:

What do you think? Did Facebook knowingly infringe upon Eminem's copyright?

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