(AllHipHop News) Eminem has sold over 80 million records worldwide, his last album was the first album to attain a million digital downloads and he’s basically everywhere. That does not mean he is willing to let just anyone use his music. Eminem’s publishing company, Eight Mile Style LLC has filed a lawsuit against the social media giant Facebook for unlawfully using an Eminem song for its Facebook Home application advertisement.
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According to the suit, Facebook CEO Mark Zuckerberg showcased an ad by Portland, Oregon ad company Wieden + Kennedy entitled “Airplane” when he debuted the new Facebook Home app in April. In the advertisement was music uncannily similar to “Under The Influence”, Eminem’s collaboration with his D12 group from The Marshall Mathers LP.
The lawsuit claims that initial viewers of the unedited advertisement noticed the similarities and in perceived admission of guilt, Facebook released an altered version of the ad on their YouTube channel:
“The alteration of the Airplane advertisement was an admission that Facebook knew it had infringed on the Eminem/D12 Composition,” says the lawsuit.
Even after Facebook altered the song for the ad, 8 Mile Style still released a cease and desist order because Facebook and Wieden + Kennedy did not have the “permission to alter the Eminem/D12 Composition” according to the lawsuit.
This is when things get heated.
The lawsuit alleges that Facebook and the ad agency’s response to the cease and desist order contained disparaging accusations aimed at someone virtually unrelated to the song, Dr. Dre:
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.’
The suit continues to allege that the defendants made additional allegations regarding Dr. Dre, including accusing him of illegally sampling a Michael Jackson song for the Under The Influence beat he did not produce.
Eight Mile Style are suing for up to $150,000 per infringement.
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