The Supreme Court has reserved its decision as the owners of Eminem song 'Lose Yourself' seek leave to appeal a reduction in the amount they are paid out by the National Party for using it in their election ad.
A leave hearing was heard between a legal representative for Eight Mile Style and Martin Affiliated, and judges this afternoon.
The National Party used the song in its 2014 election advertisement, and owners Eight Mile Style and Martin Affiliated, who own rights to Eminem's music on which the song was based, took them to court.
In 2017, the High Court determined the song breached copyright of Eminem’s Academy Award-winning Lose Yourself, and ordered the National Party to pay $600,000.
In December last year, the Court of Appeal ruled to lower the damages owed by the National Party to $225,000.
Lawyer Gary Williams argued the copyright holders had had their right to say no to the song being used taken away, and would have charged a high premium if it was used or declined if asked, so higher damages shoulder have been ordered.
"They got it cheap... We missed out on what we would be able to charge for," he said.
Hon Justice William Young asked Mr Williams what his argument was.
Hon Justice O’Regan said all song copyright holders have a monopoly over their songs, and this wasn’t any different.
"You can’t then make the same argument as an additional damages claim, that’s assuming the compensation claim hasn’t done justice."
Judges will now consider the laws and extended circumstances of the case before delivering a ruling.
SHARE ME