The copyright owners of the Eminem track Lose Yourself have stuck the boot into National after the High Court ruled against them today, ordering the political party to pay a $600,000 fine plus interest.
And Joel Martin of Eight Mile Style didn't hold back after the ruling, saying in a statement: "We find it incredible that the National Party went to such great lengths to avoid responsibility for using a weak rip-off of Lose Yourself.
"They knew we would not have permitted the use of the song in their political advertisement, however they proceeded at their own risk and blamed others for their infringement."
One of the lawyer's who represented Eminem's music company also hit out at the beleaguered Nats.
James Shaw teased the Finance Minister over the Eminem versus National Party court case. (Source: Other)
"Eminem Esque clearly stepped over the line. It copied the essential elements that made Lose Yourself a global hit. It was calculated and intentional. Changing a few notes here and there just doesn't cut it," Adam Simpson from Simpson Solicitors said.
The National Party originally paid $4800 to use the music, after it purchased it from an Australian stock music company, Beatbox.
The court said in a statement that "between 20 to 30 August 2014, the advertisements, with Eminem Esque synchronised to them, were played 186 times on New Zealand television".
"Eminem Esque was also played eight times during a 15 minute opening broadcast on TV1, occurring on 23 August 2014."
Oliver seems to be pretty keen to show clips of Katie Bradford saying 'Eminem', so why not invite her on his show? (Source: Other)
During the court case, the National Party's lawyers argued that Lose Yourself was not original enough to be entitled to copyright protection, saying that the song borrowed elements from many different genres.
Justice Helen Cull ruled that "the distinctive sound of Lose Yourself is not limited by a 'melodic' line, but is a combination of the other instruments, particularly the guitar riff, the timbre, the strong hypnotic rhythm and the recurring violin instrumentation and the piano figure.
The $600,000 figure was based on "the hypothetical licence fee that would reasonably have been charged for permission to use a copy of Lose Yourself".
The National Party responded in a statement to the ruling, saying "the Party is now considering the implications of the judgment and the next steps".
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