Eight Mile Style v New Zealand National Party
Landmark New Zealand copyright case over political ad sound-alike.
Sodacan · via Wikipedia: Eight Mile Style v New Zealand National Party · CC BY-SA 3.0
Eight Mile Style v New Zealand National Party [2017] NZHC 2603 was a High Court of New Zealand ruling that the National Party breached copyright by using a sound-alike version of Eminem's song "Lose Yourself" in a 2014 election campaign ad. Eminem's publishers, Eight Mile Style and Martin Affiliated, launched a lawsuit in Wellington on 16 September 2016, claiming the party, its ad agency, and others involved in creating and licensing the track had infringed copyright by using an instrumental version without permission. Campaign manager Steven Joyce said the use was "pretty legal," arguing the track had been bought from an Australian music library. The publishers countered that they had never allowed the song in a political ad. The trial ran from 1 to 12 May 2017, with Justice Helen Cull reserving her decision. On 25 October, the High Court found the National Party and co-defendants liable for copyright breach and ordered them to pay $600,000 plus interest.
The National Party appealed, arguing no breach occurred and that damages were too high. Eight Mile Style and Martin Affiliated cross-appealed, seeking higher damages. The Court of Appeal upheld the breach finding but reduced damages to $225,000. Eight Mile Style then sought leave to appeal to the Supreme Court in May 2019, but the application was dismissed, and they were ordered to pay $4,500 in costs.
Eight Mile Style spokesman Joel Martin said the company was happy with the result after a "distasteful" trial. National Party president Peter Goodfellow expressed disappointment and said the party would pursue legal action against Labrador and Beatbox, who supplied the music. Eminem told *Variety* he was not consulted about the case but would donate any money he received to Hurricane Harvey relief. Former APRA director Mike Chunn said sound-alike recordings are common in advertising and called the ruling unfair.
Quick Facts
- Court
- High Court of New Zealand at Wellington
- Date Decided
- 2017-10-25
- Judges
- Helen Cull
- Number Of Judges
- 1
- Keywords
- Copyright Act 1994
Facts from the source article.
Lore & Background
The lawsuit was filed on 16 September 2016 by Eminem's publishers, Eight Mile Style and Martin Affiliated, against the New Zealand National Party, its advertising agency, and others involved in creating and licensing the track. The claim alleged copyright infringement from using an instrumental version of 'Lose Yourself' in television advertisements without consent. National Party campaign manager Steven Joyce stated the use was 'pretty legal', claiming the track was purchased from an Australian music library. The publishers countered that they never allowed the song to be used in a political advert. The trial began at the Wellington High Court on 1 May 2017 and concluded on 12 May 2017, with Justice Helen Cull reserving her decision. On 25 October 2017, the High Court ruled that the National Party and its co-defendants had breached copyright and ordered them to pay $600,000 plus interest.
Reader's Guide
The case established a significant precedent in New Zealand copyright law regarding the use of sound-alike recordings in political advertising. The High Court's ruling that the National Party's instrumental imitation of 'Lose Yourself' constituted infringement highlighted the legal risks of using unlicensed musical imitations. The subsequent appeal reduced damages from $600,000 to $225,000, and the Supreme Court dismissed Eight Mile Style's application for leave to appeal, ordering them to pay $4,500 in costs. Reactions were mixed: Eight Mile Style spokesman Joel Martin expressed happiness with the result, while National Party president Peter Goodfellow expressed disappointment and indicated plans to pursue legal action against the music suppliers. Eminem stated he was not consulted about the case but would donate any proceeds to Hurricane Harvey relief. Musician Mike Chunn criticized the ruling as unfair, noting that sound-alike recordings are routinely used in advertising.
Did You Know?
- The National Party campaign manager Steven Joyce claimed the use of the sound-alike was 'pretty legal' because it was purchased from an Australian music library.
- On appeal, the Court of Appeal reduced the damages from $600,000 to $225,000.
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