Fees hush-hush in Eminem lawsuit

If the National Party has to pay up for using the music track Eminem Esque for its 2014 election campaign adverts, the full reasons for reaching the figure might never be known.

A High Court judge in Wellington has reserved her decision at the end of a copyright infringement case that has lasted nearly two weeks.

But her judgment, which she hoped would not be ‘‘too many months away’’, will not be an entirely public document.

During the hearing, details of the way that fee agreements to use music were reached, actual fees and settlements for infringing copyright were kept confidential.

Lawyers said they did not want those confidential facts exposed by ‘‘working backwards’’ from any sum the National Party and its secretary Gregory Hamilton might be ordered to pay.

It was planned that the draft judgment would be issued to the parties first, for them to check confidential material was not revealed.

Two United States companies sued the political party and Hamilton for breaching the copyright of Eminem’s rap hit Lose Yourself

"The essence and substance of [Eminem's song] Lose Yourself were taken and reproduced." Lawyer Garry Williams said of the hit by Eminem, left.

when it used the ‘‘soundalike’’ track Eminem Esque in its 2014 election campaign adverts.

The companies, Eight Mile Style and Martin Affiliated, partown the copyright of Lose Yourself and have exclusive rights to bring an action for copyright infringement.

Eminem, one of three creators of Lose Yourself, was not named as a party to the case, and some details of the ownership of Lose Yourself have been kept confidential.

Los Angeles composer Michael Cohen, who was responsible for Eminem Esque, was a party to the case but did not take part.

Yesterday, lawyer Garry Williams, for the two US companies, said the National Party had past experience with a copyright complaint involving one of its adverts and a Coldplay song.

Despite that experience, when it was suggested the party’s 2014 advert music sounded like Lose Yourself, its inquiries did not include taking legal advice or approaching the local agents for the American firms that held the Lose Yourself copyright.

Instead, it took industry advice and thought that, even if there was a problem, it would be someone else’s responsibility because the party had paid a licensing fee to use the soundalike music.

Asking the wrong people for advice did not excuse National’s actions, Williams said.

On Thursday, the National Party’s lawyer said it thought it had ‘‘gold standard’’ industry advice about using Eminem Esque .It was not just a question of legal responsibility but of avoiding a distraction that would divert attention from the party’s message, Greg Arthur said.

The party also denied Eminem Esque had used the ‘‘original’’ parts of Lose Yourself.

The US companies say the substance of Lose Yourself was reproduced in Eminem Esque, even if different notes were used and the piano doodles were slightly different. The essence and substance of Lose Yourself were taken and reproduced, Williams added.

The companies say the party should pay substantial compensation, with a starting figure of perhaps of US$1 million, and extra for factors including flagrant disregard of copyright.

Lose Yourself was released in 2002 in conjunction with the film 8 Mile, winning Oscar and Grammy awards.

The court was told that rarely had Lose Yourself been allowed to be used for other purposes such as advertising, and the copyright holder would never have licensed its use by the National Party, for any sum.