Eminem's music publisher takes Apple to court

Eminem’s music publisher wants a bigger slice from Apple.

Eight Mile Style LLC and a co-plaintiff, Martin Affiliated LLC, are suing Apple, claiming they never authorised the use of 93 songs in a downloadable format on Apple’s popular iTunes service.

They are also suing Aftermath Records, which controls the recordings in question, saying it did not have the right to make deals on digital downloads.

A non-jury trial in the rapper’s hometown of Detroit is scheduled for Thursday unless a settlement is reached tomorrow.

It is unclear from court documents just how much money is at stake, but the plaintiffs claim Apple wrongfully gained $2.5m through iTunes downloads, including $466,915 from 'Lose Yourself', Eminem’s biggest hit from the hip-hop film '8 Mile'. The publisher also believes it should get a share of Apple’s profit from the sale of iPods.

'Eight Mile' also claims Aftermath wrongfully collected $4m off Eminem’s songs on iTunes.

Apple denies the allegations and says it has a valid agreement with Aftermath Records. 'Eight Mile' has received royalties but says that does not mean it cannot press ahead with a lawsuit.

The “acceptance of a single cheque containing mostly royalties for authorised uses, but also containing small and hidden royalties for unauthorised uses, cannot operate as a satisfaction of a claim,” Eight Mile’s lawyers said.

If the case is not settled, the trial before US District Judge Anna Diggs Taylor will centre on how to interpret contracts.

Eminem, whose real name is Marshall Mathers, is not on the witness list.