Rapper Eminem's music publisher is suing Apple Computer Inc., claiming the company used one of the hip-hop superstar's songs in a television advertisement without permission.

Rapper Eminem's music publisher is suing Apple Computer Inc., claiming the company used one of the hip-hop superstar's songs in a television advertisement without permission.

Eight Mile Style filed the copyright infringement suit last Friday (Feb. 20) in U.S. District Court in Detroit, naming as defendants Apple, Viacom Inc., its MTV subsidiary and the TBWA/Chiat/Day advertising agency.

At issue is an ad for Apple's iTunes pay-per-download music software, in which a 10-year-old sings Eminem's "Lose Yourself." The suit claims the commercial aired on MTV beginning in July 2003 and ran numerous times for at least three months. It also appeared on Apple's Web site.

"Eminem has never nationally endorsed any commercial products and ... 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," claims the suit.

The suit also alleges that Apple Computer CEO Steve Jobs personally called Joel Martin, manager of Eight Mile Style, and asked Martin and Eminem to "rethink their position" about using the Grammy-winning song.

Eminem responded by ending discussions with Apple, according to the suit.

"Lose Yourself" was the lead track to the Shady/Aftermath/Interscope soundtrack to "8 Mile," which has sold 4.6 million copies in the U.S., according to Nielsen SoundScan.


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