Eminem: Different tune

Detroit, Feb. 25 (Reuters): Rap superstar Eminem, who says he could earn more than $10 million for endorsing a product, is suing Apple Computer Inc. on grounds it used one of his hit songs in a TV advertisement without permission.

Eight Mile Style, music publisher of the artist whose real name is Marshall Mathers III, filed the copyright infringement lawsuit last Friday in US district court in Detroit.

It also names Viacom Inc., its MTV subsidiary, and TBWA/Chiat/Day advertising agency as plaintiffs.

Apple and Viacom both declined to comment on the pending litigation.

The lawsuit claims Apple, in a television ad for its iTunes pay-per-download music store aired on MTV last year, featured a young boy with an iPod portable music player singing the lyrics to “Lose Yourself”, the theme song for his hit movie 8 Mile released in 2003.

The ad was also posted on Apple’s website, the suit says.

“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 says.

“Defendants have acted intentionally, recklessly, willfully and in bad faith,” it adds.

The suit does not spell out any specific damage claims. But it says Eminem, a Detroit native, is entitled to “exemplary damages” for the alleged use of a song it touts as having achieved “iconic stature” among hip-hop fans worldwide. Eminem and his co-writers won an Academy Award for the song.

“Eminem has never nationally endorsed any commercial products and therefore he indicated, through his manager, that even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million,” the 15-page lawsuit says.