National Party appeal means they will only pay 225K instead of 600K for using Eminem track

Source: 1News

The Court of Appeal has ruled that the National Party will only have to pay $225,000 to Eight Mile Style for using a soundtrack called Eminem Esque in a 30 second advertisement in 2014.

The judgement released today quashed the previously awarded damages for $600,000 made by the High Court earlier this year.

The court also dismissed the cross-appeal of the first and second respondents "Eight Mile" against the High Court's decision to not award additional damages.

After the initial ruling against the National Party in October last year Joel Martin of Eight Mile Style didn't hold back, 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.

"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."