February 24, 2004
pop a cap in the industry's ass

Now that Eminem's publisher is suing Apple over an ad that depicts a 10-year old singing "Lose Yourself" while listening to an iPod, I think that this case has a opened a potential chink in the armor of the music industry, and I think Apple should fight to crack it open a bit wider.

I actually think they could win the lawsuit, if they argue that the song is disseminated widely enough that a 10 year old singing it would be a plausible representation of reality, a reasonable derivative work, and thus not an infringement. or however the lawyers put it.

The point I'm trying to make, unschooled by law, is that "lose Yourself" is everywhere... I have heard that song so many times, on the radio, in stores, at amusement parks, walking down the street, that I don't think Eminem has a plausible claim to total control over it.

Sure, he can prevent/be paid for the recording from being used in an ad, or in a movie, or stuff like that, but a video of a kid singing it is a derivative work, not a copy, not a "cover." It was essentially a joke, and it should not be prohibited.

Seriously, this is a battle that needs to be fought, and Apple can fight it. The overzealous attitude of complete control that pervades the music industry has to be beaten back a few pegs. They've only gotten this way, because no one has tried to stand up to them seriously.

Posted by illovich at February 24, 2004 10:08 AM
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