Rapper’s delight at Nats ad victory is win for all artists
The National Party’s loss should spell a victory for creatives who’ve watched soundalikes skim off their royalties.
THANK goodness for Eminem.
Not just because he’s one of the finest rapping storytellers ever, but, because this week his copyright reps may have just struck a blow on behalf of songwriters and artists who produce original music.
His publishing company Eight Mile Style’s victory in the High Court over the National Party for a breach of copyright in using Eminem’s song Lose Yourself for their 2014 election TV ad, was massive.
The first time I saw the ad, I wondered how they could afford to license such an iconic song. I knew the party had wealthy donors, but I didn’t think they’d be loaded enough to spend a fortune on such a track for a 30-second TV ad.
Lose Yourself had sold more than 12 million copies, was No 1 all over the planet, and US car-maker Chrysler had paid $3 million to use it on a Super Bowl commercial. And next to that, The National party’s fine of $600,000 in damages is pretty cheap in comparison.
Sure enough, the track National used was a ‘‘soundalike’’ – but one that sounded so like the original that the layperson’s ear would struggle to discern it from the original.
Eight Mile Style complained and the National Party was dragged into a test case which has been eagerly observed around the world and which could now have ramifications for the whole soundalike production music industry.
The party’s lawyers argued the Nats bought the song in good faith, did the necessary legal checks and thought they were entitled to use it. They tried to say Lose Yourself wasn’t a very original work to begin with.
This is the song that won the 2003 Academy Award for Best Original Song. It’s a song about seizing opportunities and, hence, it worked perfectly for the message that the then government wanted to get across.
The soundalike industry is almost an artform all of its own. But it gives people the ability to use music that relies on other songs for its impact without the need to pay the creators of that original song.
Someone can draw on the power of the original, change a few notes and, hey presto, it’s a different piece of music.
There was a similar example locally a few years back when a car ad featured a song that sounded a lot like – but wasn’t – the beautiful OMC track, Land of Plenty, by the late great Pauly Fuemana. The mood created in his song was similar too, and happened to be perfect for this ad.
If only they had just used OMC’s song. Then his children would have benefited from the art their father produced.
Time will tell whether the High Court’s decision is a landmark moment that forces a change in the musical landscape. But, certainly, this story isn’t over.
Eminem has said he will donate any proceeds from the fine to hurricane relief in the US – and that’s an awesome gesture. Perhaps the Nats will not mind copping the fine.
And now the ex-PM’s son, DJ Max Key, has threatened to create a ‘‘diss’’ track on Eminem to avenge the party. No disrespect to DJ Max Key, but Eminem seems fairly adept at that whole rapbattle thing. And if they do go to war, I don’t see it ending positively for the home side.
Someone can draw on the power of the original, change a few notes and, hey presto, it’s a different piece of music.