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Eminem sues National

Written By: - Date published: 3:11 pm, September 16th, 2014 - 182 comments
Categories: national, same old national, Steven Joyce, you couldn't make this shit up - Tags: ,

National sunk

Peak cray cray in this election must be approaching.

I blogged previously on how the song chosen by National for its campaign theme sounded suspiciously like Eminem’s “Lose Yourself” and I wondered if National had breached copyright attached to the song.

It appears that Eminem thinks so too.  From Stuff:

In proceedings filed today in the Wellington Registry of the High Court of New Zealand, Eight Mile Style, LLC and Martin Affiliated, LLC, the Detroit-based publishers of Eminem’s copyrights, are seeking damages for copyright infringement against the New Zealand National Party. The proceedings stem from allegations that unauthorised use has been made of Eminem’s Grammy and Academy Award winning song, “Lose Yourself”, in election campaign advertising run by the National Party in the lead up to the 2014 New Zealand General Election which is to take place on 20 September 2014.

Joel Martin, speaking on behalf of the publishers, said: “The claim we have filed alleges copyright infringement. Eminem’s publishers were not approached for permission to use any of Eminem’s songs for this campaign advertisement. It is both disappointing and sadly ironic that the political party responsible for championing the rights of music publishers in New Zealand by the introduction of the 3 strikes copyright reforms should itself have so little regard for copyright. We do not hesitate to take immediate action to protect the integrity of Eminem’s works, particularly where a party, as here, has sought to associate itself with Eminem and his work.”

182 comments on “Eminem sues National ”

  1. hoom 1

    Ah hahahahahahahahahahahahahahahh!

  2. Mike Smith 2

    National got over $1m from the Electoral Commission for its television advertisements. Royalties for songs would be an advertising expense and therefore an election expense. It looks like National tried to cut corners on the costs; presumably now they will have to at least account for the true costs in their expense returns. It could get interesting.

    • Mary Anne 2.1

      I do not think this situation arose out of cutting corners.
      I seriously believe their attitude of entitlement has brought them to this situation.

  3. TheContrarian 3

    Man, National just can’t catch a break. Must be the worst election campaign in NZ history

    • weka 3.1

      lolz TC. Maybe they should stop being lying, thieving scoundrels then.

    • Tiger Mountain 3.2

      a break; apart from passionate kisses for 6 years from what passes for journalists these days and that from the milder ones, full on dirty tricks in addition from others

    • Kaplan 3.3

      Totally self inflicted. After almost six years of subterfuge, deflection, misdirection and outright lies it had to catch up with them at some point.

    • Draco T Bastard 3.4

      Or the best – depending upon where you’re standing 😈

    • Hanswurst 3.5

      But… but… but… selfies!

      (God I hate that word. Am I the only one who feels like they need to take a shower after using it? Its utterance should be a criminal offence.)

  4. One Anonymous Bloke 4

    #team.crim 😆

    • sockpuppet 4.1

      I don’t think dot com’s got anything to do with this one.

      • One Anonymous Bloke 4.1.1


        I don’t think you quite understand the joke.

        • sockpuppet

          🙂 oh the irony

          • Ennui

            Wonderful, Warners had to go through the NZ government (aka National) to get at Dotcom….Eminem has gone straight for the jugular, direct at Keys flunkey crew. The irony!

          • One Anonymous Bloke

            The hypocrisy of supporting the team that breaches copyright, which by your twisted subservience to Hollywood becomes a criminal offence, a stick to beat your tormentor with, and now turned back upon you.

            I’m sure it’s rank incompetence with a side order of hubris on National’s part, rather than deliberate copyright infringement, and I’m equally sure they’re careless of the law whenever it suits them, as the events of the last month six years have abundantly demonstrated.

            So, you’re voting for crims, ratfuckers and incompetents, and all the smears you routinely throw at others are coming back to you. 😆

    • Naki man 4.2

      #team.crim, what a fizzer, three crooks on the run. Hone will wish he had nothing to do with them when he loses his seat. I cant wait for the voter backlash.

      • ropata 4.2.1

        You mean John “Hone” Key right? Biggest white collar crim in NZ, next to his buddy Mark Hotchin I guess. Who knows how many lives Key destroyed in his lucrative money trading career.

  5. Craig Glen Eden 5

    They think they can just do what ever they like aye, thats because normally they can.

  6. Anne 6

    …why is it that right wing parties who are meant to champion freedom and respect for property rights so often act in breach of both?

    Because they are supremely arrogant and consider that the rules they expect others to abide by… don’t apply to them. Their belief in their superiority and entitlement to do whatever it takes and lie to the masses is mind blowing – as has been demonstrated in recent days.

    • Rich 6.1

      Yes I’ve started to think that it’s structural. It’s how our society ‘works’. Basically my thesis might be (I havnt’ settled on it yet) that civilisation is a con, what we have is a mafia run extortion racket.

      • Draco T Bastard 6.1.1

        Read David Graeber’s Debt: The First 5000 Years and you’ll find out that you’re not far wrong.

        The problem the rest of us seem to have is getting rid of the criminals that end up at the top.

  7. hoom 7

    Extradite Key!
    Come on, you know you want to.
    Is he gone yet?

  8. tc 8

    Mr fixit strikes again, top marks for consistency given the uber ministry, novopay etc.

    very relaxed is nat terminology for we’ll be blaming someone else if push becomes shove.

  9. Antony Cotton 9

    Great when is tvnz and tv3 and Newspapers going to stop taking John Key and this corrupt adminstration side. Any Body we are told that the Economy doing well when not true Hitler once said the Big Liar the More People believe just look this Government.

  10. Granted 10

    A bit of balance – from the same article….

    “The National Party purchased the music in question from recognised production music supplier Beatbox, based in Australia and Singapore. The music was originally published by Spider Cues Music, a well-established Los Angeles-based provider of music to the film and entertainment industry.

    “As with all works licensed by the Beatbox library music service, the National Party was assured the music in question did not infringe any copyright and was an original work.

    “Furthermore, the music license and fee were arranged through the Australasian Performing Rights Association and Australasian Mechanical Copyright Owners Society (Apra/Amcos), who act as agents for Beatbox in Australia and New Zealand.”

    [Balance? Did you miss the bit of the article which said “National Party campaign manager Steven Joyce said the music had been bought and licensed through an Australian-based organisation which had full rights to it. The party had also undertaken its own checks to ensure there were no copyright issues.” – MS]

    • sockpuppet 10.1

      Balance… BALANCE !!!

      Damn your eyes sir !

      • Tracey 10.1.1

        So twice now National has relied on the same organisation and they seem to have fucked up. So much for personal responsibility… it’s just never national’s fault is it chaps…

        usually when something like this happens you either don’t use the organisation again, and/or you double check. I mean Key has contacts in Hollywood and they could get him in touch with Eminmen’s crowd, just a few simple emails….

        • deWithiel

          Does Mr Eminem play golf? I’m sure Mr Key’s office could arrange a round or two with him that would leave New Zealand diplomats gobsmacked at the quality time they’d otherwise never achieve. Young Max could come along too and they could hold top level discussions about copyright infringement. Throw in a couple of bottles of Cloudy Bay, personally signed by Mr Key, and I’m sure this little local difficulty would disappear just like an NSA surveillance programme. Perhaps we could call it Operation KEYSCORE?

    • Roflcopter 10.2

      Stop confusing these lefties with facts…. it makes them pause for 2 seconds before wandering off to laa-laa land again.

      • Tracey 10.2.1

        Megaupload told people not to breach copyright, even made them tick a box that they understood… so are you saying you think DotCom can’t be responsible for others breaching copyright when he thought they weren’t cos they signed the legal form (or checked the box as is accepted online practice)?

        • sockpuppet

          Your quoting KIMDOTCOM’s site as paragons of upholding intellectual property..


        • Bob

          A free information sharing site and a licensing agent are not even in the same league Tracey!
          One asks people to not do illegal things and turns a blind eye if they do (eg. Megaupload), the other licenses legitimate material and pays royalties back to the artists involved (eg. Beatbox).

          Also, if the artists breach copyright it comes back on them and the licensing agent, National have no financial liability issues here as they licensed a presumably legitimate track.

          • One Anonymous Bloke

            The assertion that Megaupload turns a blind eye if they do is yet to be tested in court. I understand evidence has already been presented that contradicts it.

            A bit like the way your position re: Dotcom vs. Key says that while one is guilty by accusation, the other is innocent despite the evidence.

            Raise the double standard.

            • infused

              Oh they didn’t turn a blind eye. They removed the offending links, just not the offending file.

              • One Anonymous Bloke

                Just like Dear Leader who said one thing in public and another thing in private, whose own cabinet documents prove it you mean?

                Just to make sure you’re reading this, (jihad President bomb, true believer) you criminal snooping trash, go to jail, go directly to jail, do not pass go.

              • Molly

                Might be worthwhile for you to go and read the Wikileaks article on the case. Not only the indictment but the counter arguments.

                In the case of removing only the links the counter argument states:
                “The indictment asserts as evidence that no effort was made to identify infringing files or users, in other words by acts of omission. But federal court rulings repeatedly agree that no duty exists to search these out. In particular, in MGM Studios, Inc. v. Grokster, Ltd. the Supreme Court looked at “substantial noninfringing uses”; mere lack of monitoring was not by itself sufficient to show wrongdoing or inducement. It may not be possible (or reasonable to require) the host to know and identify what activity is legitimate or not, as file sharing may be used by many content creators.”

                “Failure to remove all links following a takedown request is often legitimate. For example the same content may be uploaded by legitimate and illegitimate users. Removing the infringing link does not affect legitimate uploaders. Removing the infringing file would wrongfully cause it to be deleted for legitimate users too. Similarly, once child pornography is identified, it is always illegal for all users. But other material may be legal for some users and not for others. So the fact one case requires file removal and the other only requires link removal may well be correct conduct.

            • Bob

              “A bit like the way your position re: Dotcom vs. Key says that while one is guilty by accusation, the other is innocent despite the evidence.”

              Not true, I have said Dotcom is guilty of Fraud, Data Espionage, Insider Trading and Embezzlement……because he has been found guilty of Fraud, Data Espionage, Insider Trading and Embezzlement in a German Court of Law, you say John Key is guilty……cos the conspiracy theory seems to fit, see the difference?

              • One Anonymous Bloke

                Teenage kicks are hard to beat (the rap).

                Nothing he’s done in the last twenty years then.

                Whereas John Key lied to us yesterday, and the day before that, and the day before that, about whether the department he heads broke the law and spied on us by illegally collecting our metadata, or alternatively, by legally collecting it after he fraudulently betrayed us all by legalising it when he said he wouldn’t.

                Your partisan bias is showing. Dotcom’s an egg; how does that get Dear Leader off the hook?

                • Bob

                  “Whereas John Key lied to us yesterday, and the day before that, and the day before that, about whether the department he heads broke the law and spied on us by illegally collecting our metadata, or alternatively, by legally collecting it after he fraudulently betrayed us all by legalising it when he said he wouldn’t”
                  He didn’t, he said he didn’t, the Labour appointed head of the GCSB said he didn’t so what are you talking about?
                  Are you talking about the evidence Snowden gave that shows the US potentially collects NZ metadata? How has that got anything to do with Key? You do realise that under the US’s Patriot Act, all data that goes through a US server must be held and be able to be released to the US Government don’t you? You do realise that NZers access US servers don’t you? This means they are collecting NZ data!!! What has that got to do with the GCSB? Until I see proof it has anything to do with Key or the GCSB I will continue to have an open mind about the situation rather than jump into Colin Craig-esque conspiracy theories.

                  Also, Dotcom has lied to us for the past couple of months saying he had ‘proof’ John Key knew about him prior to 2012 which he was going to release 5 days before the election, what happened to that?

                  • One Anonymous Bloke

                    He released it to The Herald yesterday, and it looks fake to me, and it doesn’t get Dear Leader off the hook, because despite your attempt to rewrite history, first he said we don’t do it and we’re never going to, then he said we planned to do it and then we changed our minds, and then he said we do it but not as much as we possibly could, and then the ex GCSB head said that we do it but only when we have a warrant.

                    Who signs the warrants again?

                    If you can’t see that Key is no more credible than Kim I think that’s a bit sad, because otherwise you seem quite sharp.

                  • Tracey

                    Just because you believe yesterdays email is a fake doesnt mean it is. Surely you accept that its 50/50 at least on that email being genuine at this poibt?

                    If it has been prsented to court he will have to prove its authenticity if he wants it given due weight.

                    Have you read keys doc drop yesterday? If you have, can you quote the parts which prove there is no mass surveillance of NZers

                    • Bob

                      I did give it a 50/50 (a big part of the reason I hadn’t voted early) until both sides of the email stated it was a fake, I read it again and it just seems forced and far too convenient.
                      “He’s a fan and we’re getting what we came for”, “VIP treatment and then a one-way ticket to Virginia”, “This is a game changer”, seriously?

                      “If it has been prsented to court he will have to prove its authenticity if he wants it given due weight.”
                      That is true, let’s see if Dotcom goes down that track, if the Warner’s execs sign a sworn affidavit saying it is a fake he loses all credibility as he hasn’t stopped talking about the letter for 2 years. Remember the GCSB public submissions? That would lose him all public support, if last night didn’t. Snowden and Greenwald came across well, Dotcom came across as a giggling idiot.

                      Can’t say that I have read the doc drop, but from what I have seen reported there is nothing in there that links anything directly to Key (a familiar theme!), but there is information there that shows you can exclude NZ from XKeyScore (meaning you must be able to include NZ) again, this isn’t from the GCSB though, just shows the US collects NZ data (like I stated above).
                      There is also information that the GCSB uses XKeyScore, which Key has never denied (he said he wouldn’t go into operational tools), but no proof the GCSB uses XKeyScore against NZ citizens, so again, what is the problem? If we have spies, I’m pretty sure they are spying on someone!
                      So what is the bombshell I’m missing Tracey?

                    • Tracey

                      If you havent read the documents Key dropped yesterday how can you possibly know what they do or dont show.

                      I didnt mention any bombshells i said from my reading of the documents I cannot see how key can claim they prove he is right that there is no mass surveillance of kiwis.

                      Given you cant be bothered to read them, you cant help me resolve that.

                    • Bob

                      Tracey, wasn’t the whole point of the ‘Moment of Truth’ that there was going to be a bombshell that would change the course of the election? Are you saying Dotcom is a liar?
                      Also, have you read the documents? You haven’t refuted anything I stated was in there, so I can only assume you haven’t read them or I have a good grasp on what was on offer.

                    • One Anonymous Bloke

                      I’m sure you’re completely right Bob, just one question: what does Xkeyscore do again?

                    • unpcnzcougar


                      I worked for Warners and can assure you that is no the email format that is used across all Warners companies. There are strict rules around font, dates etc. David Farrar sums it up best:

                      Large US companies are required under US law (for legal discovery reasons) to have e-mail systems that archive all e-mails, and are independently stored so they can’t be deleted.
                      The time stamp looks fake with no UTC reference
                      The date is in NZ format, not US format
                      No executive would ever send an e-mail detailing a conspiracy with a foreign government, to a lobby group
                      The font and spacing is identical to what you get in the default mode of Notepad
                      There was no separate meeting between the Warners CEO and John Key
                      The dialogue in the e-mail is cartoonish, perfectly scripted to fit what Dotcom has claimed
                      No detailed headers have been provided
                      Even Dotcom’s lawyer won’t touch the e-mail – as he knows it could never be admitted in court
                      Dotcom still won’t comment on the e-mail despite it being confirmed there is no Privileges Committee, so it can’t be before it.

          • Tracey

            You mean like when told there was child pornography on megaupload dotcom immediately worked to take it down and gave the child protection group direct access to delete what they find…

            Or how national relied on apra before and they git it wrong… And so relied upon them again…

            Maybe cos apra were cheaper

      • Granted 10.2.2

        Yeah well Joel Martin has form…has sued Facebook, Apple and EMI in the past….

        Far as I know APRA is one of the main licencing orgs around.

        But…never let the facts get in the way of a good story.

        • Tracey

          Did they use apra for the Cold Play song?

          • unpcnzcougar

            No they didn’t. I worked for the record company concerned and was personally involved in the legal action we took which resulted in all the DVD’s being destroyed.

      • wtl 10.2.3

        Facts? The fact of the matter is the the copyright holder of the Eninem song believes that the song is infringing on their intellectual property and have taken legal action. Just because National believes that they haven’t done anything wrong doesn’t make the issue disappear.

    • Tracey 10.3

      Australasian Performing Rights Association

      You mean the group that fucked it up last time?

      Fool the nats once shame on Australasian Performing Rights Association, fool them twice shame on the National party…

      • Granted 10.3.1

        Of course you know all about APRA.

        Good stuff.

        • Tracey

          Did the nats use apra for the song that wasnt cold plays but kind of was?

          • Granted

            I am not sure. Do you know?

            I read from an article the following which looks like it was APRA who complained about national for that…

            “In 2007, the National Party was warned it could be in copyright trouble over the music used in a DVD to mark Prime Minister John Key’s year as leader.

            The newly created piece of music was reportedly similar to Coldplay’s song Clocks.

            The Australasian Performing Right Association, which manages copyright issues and licences for many international bands in New Zealand, notified the copyright holder for Coldplay frontman Chris Martin.”

            Either way, I agree it looks shite house for National. They still got my vote a few days ago though.

    • just saying 10.4

      Gosh, they made a bit of an effort to create a bit of plausibile deniability.
      How unlike National.

      But doesn’t your comment just sum up the likes of you:

      They used the music because of the similarity. They bought it from a company that get’s away with this kind of theft. It’s not about right or wrong, just whether you can get away with it – that’s the right-wing bottom-line.
      Chimps show more moral depth.

      • yeshe 10.4.1

        Truth is Nats’ advisers did not even know the song was about ‘losing’ ! That’s how little they knew about it at all. And now it all comes out, this week !!

        They bought a track very very very closely based on a song they knew nothing about and used it as a rowing song !

        Getting sued now is just the very best kind of sea shanty !!!

        Catching any crabs Mr Joyce ?

        O for oarsome !

        and oops, here come Huka Falls on Saturday ….

    • Granted 10.5

      Yep, and you know who APRA are?

    • infused 10.6

      The heading still says Eminem suing National. Which you know pretty damm well is not the case.

      • mickysavage 10.6.1

        Says who? The Herald, Stuff and Scoop are all reporting it.

        • infused

          I guess you are as sensationalist and retarded as them, then.

          “In proceedings filed today in the Wellington Registry of the High Court of New Zealand, Eight Mile Style, LLC and Martin Affiliated, LLC, the Detroit-based publishers of Eminem’s copyrights, are seeking damages for copyright infringement against the New Zealand National Party,” a statement read.

          It’s a publishing company. I bet Eminem couldn’t give two shits.

          • yeshe

            Eminem’s PERSONAL publishing company.

            what do you really know infused ?

          • One Anonymous Bloke

            ‘Personal responsibility’, the responsibility you’re having when everything is someone else’s fault.

          • Local Kiwi

            Ouch Inconfused is shitting its self.

            What is your buddy Keyster looking jaded?

            So so sorry couldn’t happen to a nicer guy!!! Ha Ha ha.

    • Tony 10.7

      I use Beatbox production music on a daily basis. “Soundalike” tracks do exist, whereby there is a similarity in style to a referenced song – but never this close. This must have been a specifically requested commission whereby somebody asked for a version to be re-created the same way as the original. The National campaign song is SO similar that authorisation from the artist should have been made to avoid copyright infringement.

      Basically, they’ve tried to get a cheap version of Eminem’s song made so they didn’t have to pay him the rights to use it. It shows complete disregard for Eminem’s intellectual property – hence the statement regarding irony.

      From a creative perspective, it’s a very bad look.

  11. blue leopard 11

    I thought David Farrier’s tweet was pretty apt:

    best. election. ever. it all seems like satire… but it’s all so, so real.

  12. minarch 12

    copyright infringement by national ?

    you honestly couldn’t make this shit up could you !

    anybody else get the feeling we are in the middle of some weird synchronicity ?

  13. Lanthanide 13


  14. minarch 14

    Wonder if Eminem was reading some coverage about what Key has been up to and just thought….


  15. anker 15

    A safe and steady pair of hands! Yeah right!

  16. Granted 16

    “Secondly if it loses it would have spent more than was allocated for the purpose of the advertisement by the Electoral Commission. As Mike Smith points out this may be significant. National has had problems in the past when it previously overspent its allocation.”

    Thats OK – National can pull the same stunt as Labour. Change the rules retrospectively.

  17. greywarbler 17

    The image for this thread is a winner of the losers! I remember Shipley going down, and this fits the same satisfactory theme. And for music just hum a few bars of
    Chopin’s Funeral March – don’t both Eminem.

  18. Awww 18

    Another Left wing conspiracy!!

    • minarch 18.1

      its the communists….

      • Awww 18.1.1

        ..and their giving back double

      • Local Kiwi 18.1.2

        “It’s the Russians! its all their fault for beating the Germans! who were wiping out the Jews, – oh we have really lost the plot “said Joyce as he realised it was Russia calling with Snowdon who has dropped the biggest spanner in the machinery of Team Key.

    • emergency mike 18.2

      Lol. Yep, countdown to outraged WO article claiming ‘the evidence is out there’ evidence that the Green Party tipped Eminem off and bribed him with offers of prostitutes in 5, 4,…

      Fark. Emin-bloody-em is up in dis election now…

    • AsleepWhileWalking 18.3

      Joyce quoted in the Herald, “We don’t believe they’ve got any grounds at all and we suspect its politically motivated”.

      *Sigh* so now Eminem is part of the LWC and probably reptilian. Maybe he was put up to it by that evil fiend Dotcom? He’s everywhere!

      Right about now I’m thinking a full psychological work up should be compulsory prior to taking up any ministerial position.

  19. Geoff 19

    If you have a look at the Spider Cues Music site, there is no “Eminem” track per se. However, a cached version of the site (http://webcache.googleusercontent.com/search?q=cache:PugOmunAoiEJ:www.spidercues.com/component/jwdmusic/%3Fview%3Djwdmusic%26cid%3D110+&cd=7&hl=en&ct=clnk&gl=nz&client=safari) reveals a track called “eminem esque.” That it no longer appears on the site suggests perhaps that the copyright holders of the original song got wind and had them remove the track.

  20. tsmithfield 20

    The courts would be very busy indeed if rappers were going to sue every time another rap song had a similar underlying structure. 🙂

    • One Anonymous Bloke 20.1

      National composed a rap song, Grandpa? Crank up the gramophone.

    • Awww 20.2

      Most rappers would prefer to be aligned with street thugs.

      Haley, Laney and the food stamps….it’s hardly compatible with National’s starve the kids program.

  21. Awww 21

    Eminem – now that’s a henchman.

    Oh the delicious irony of copyright laws.

  22. Bob 22

    If this was licensed through APRA (which can be assumed by Joyce’s comments) then the legal liability would fall back on the licensing agent that lisenced the song, rather than the National Party. So while the Law Suit gets directed at the end user (National) it would likely not end up costing them a cent.

    • infused 22.1

      Pretty much. And Eminem isn’t suing National.

    • Roflcopter 22.2

      Wow, more facts… this site is getting reasonable.

      Well done Bob.

      • Sockpuppet 22.2.1

        Ban in 5,4,3…….

        • Hanswurst

          It’s quite funny how such a large herd of people bleating on about banning are still here and posting freely.

      • Granted 22.2.2

        More facts….

        The heading for this article is wrong…

        “Eminem sues National”

        More like…..

        “Eight Mile Style, LLC and Martin Affiliated, LLC have engaged leading technology and intellectual property lawyers, Hudson Gavin Martin, and specialist intellectual property barrister, Garry Williams of Richmond Chambers, to act on their behalf in relation to the proceedings.”

        Joel Martin is the person who fronts this……Not Eminem.

        Again its a great story…..

        • Molly

          Damn. Should have been more accurate.

          When it says Eminem it means “Eminem’s office”.

          I would have thought that is understood by everyone in NZ now….

      • tricledrown 22.2.3

        Rolfbobter love the way you lie

      • Local Kiwi 22.2.4

        Robcopshit, sob bob. pair of loosers.

        You are dickheads.

        Key is fucked dear idiot lads.

        Recall Key said back in 2011, that once things get negative he will leave?

        Of course all you NatZ have selective memory disorders and wouldn’t remember that right?

        Now consider how much more negative can the story of Key Government credibility now in question story spoken by Snowden’s revelations
        reverberate around the globe be?

        A new dawn of healing will come next Sunday.

        We all have had enough of Key & Company’s lies & deceit.

        He never showed any compassion as Labour does for his loyal subjects so he will now pay dearly for his arrogance.

    • Tracey 22.3

      Did APRA license the song Key used on his DVD?

      • Bob 22.3.1

        More than likely, APRA sit as a single intermediary between artists and Licensees to make sure the artist gets paid their royalties and for cases like these where there is a copyright dispute.
        Again, it is the artist and the licensing agent that will end up footing the bill, but when a law suit is drawn up it isn’t always clear who these parties are, so it is always drawn up to the end user.

        • Te Reo Putake

          Yeah, that sounds like bollocks to me, Bob. My experience of the courts is that they tend to prefer that the paperwork accurately refers to the party being sued. Still, you probably know best. I just wish someone would tell Steven Joyce, ‘coz he clearly thinks it’s the National Party.

          • Bob

            It is National that is getting sued TRP, it just isn’t them that will have to pay for the fight, or outcome, that is why you use licensing agents for things like this, you pay the big $$$ to be covered. My comments are more around the first ‘Update’ above around Electoral Commission issues.

            • Te Reo Putake

              Still not sure, but I’ll take your word for it. Either way, any settlement, if there is one, will count toward National’s election spending. That wouldn’t change, even if they were reimbursed by the agents. The reimbursement, or even a direct payment by the agent to Shady’s people, would be seen as part of the spend. Which might be well tricky.

    • Lanthanide 22.4

      Yes, that’s what I thought.

      Which is curious that the big-city lawyers are going after the National party, eh?

      Maybe they know something we don’t?

      • Bob 22.4.1

        “Which is curious that the big-city lawyers are going after the National party, eh?”

        Not really, as I have stated above, they would likely not have known who the licensing agent or the artist were, so the suit always names the end user.

        • One Anonymous Bloke

          Like suing Kim Dotcom for something his clients did.

          • Bob

            I think you will find that suit is against his company, Megaupload for allegedly facilitating copyright activity, big difference between that and legally licensing a song where the artist has pushed too close to another well known track which the production companies are now protecting.
            Come on OAB, surely you are just trolling now.

  23. hoom 23

    On the other hand, there is an important point regarding the importance of protecting derivative & ‘similar’ works in terms of Intellectual Property.

  24. Draco T Bastard 24

    And why is it that right wing parties who are meant to champion freedom and respect for property rights so often act in breach of both?

    I think it’s because they don’t understand how the laws have shifted since the 18th century and how it’s now possible for an artist to claim copyright infringement on things that sound/look the same rather than it being absolutely precise.

    Oh, and that now we have patent troll corporations making billions from patent and copyright infringement even though they never had any intention to use it.

  25. Not a PS Staffer 25

    1.This story started on the 20th of August, a month ago.
    2. At that stage Steven Joyce got a heads up that the ad was possibly a rip-off of Eminem’s song.
    3. Joyce could have gone straight to the Copyright holder, Eight Mike High (like we did when we sqeeled on the nats…) to discuss.
    4. If they had offered an explanation (blame the Australians…we all do that) and a settlement this High Court action coluld have been avoided.

    Steven Joyce is a klutz.

  26. Rich 26

    I wonder if they registered;


    Some journalist want to call APRA?

  27. GRiM 27


    Did joyce say they stopped using it 2 weeks ago?

    I call bollocks, it’s still being played on radio.

    Just can’t stop with the lies !!

    • Hanswurst 27.1

      Are you certain? I don’t know about radio, but the music was certainly different when I saw the ad on TV3 last night.

  28. Rich 28

    And one other thing, if this is true what’s the difference between the National Party and the accusations against Mega / Dotcom.

    Will Eminem be able to start an extradition process, I’d prefer the whole National Party but I’d be happy with Joyce or Key or even both of them? And can Eminem freeze their assets?

    • One Anonymous Bloke 28.1

      Drone strikes mate: Mathers is going to drone on and on at them about how his mother was nasty to him until they run screaming.

  29. Sebastian 29

    Yeah the right wing talking about Eminem being rich have no clue. He’s a democrat and does not support right wing assholes. Have you ever watched the video Mosh or listened to that Eminem song?

    • Sockpuppet 29.1

      ‘he’s a democrat and doesn’t support right’ wing arseholes’

      You do know that the USA Democratic Party would be well to the right of the Nats.

      • Hanswurst 29.1.1

        Not really relevant. A lot of people who vote Labour in NZ also hold political views that are well to the left of the parliamentary party itself.

      • Draco T Bastard 29.1.2

        Not any more. These days I’d say that the Nats are well right of the US Democrats but not, quite, as far right as the Republicans.

      • Sebastian 29.1.3

        Yeah I know but they have the first past the post he has no choice. He just wanted to get rid of George Bush that’s what I remember. His song Mosh that urged people to go out and fight against Bush will bring tears to your eyes if you watch it now and think about our own country.

  30. Hanswurst 30

    I actually think that Eminem should have a hard time proving breach of copyright, simply because it should be quite easy to find other, equally similar songs that predate Lose Yourself. Having said that, this an the Coldplay thing a few years ago are actually quite embarrassing for National. Where are all the headlines like “Beleaguered PM Key defends new copyright gaffe”, where the opinion columns closing with, “While National may or may not successfully defend itself against legal action, this sort of repeated mistake doesn’t look good for the gaffe-prone Key, a man who claims to be fit to lead a nation.”?

    • Tracey 30.1

      It starts to explain Novopay

      • Rich 30.1.1

        Yes I thought that too at one stage, but it seems to have been a Clark era decision instituted by the Nats.

        • ropata

          Novopay was forced through in a rush by the NAct razor gang and their incompetent minister of Ed, despite numerous warnings it wasn’t ready. Deliberate sabotage of the teaching profession is a part of the NAct agenda.

    • Puddleglum 30.2

      That’s a very good point, Hanswurst, about how Key is not reported.

      It would be exceptionally easy for the media to present him as a gaffe-prone goon or dweeb given the repeated holes he digs himself into.

      I think one of the reasons they don’t do that is because of his self-fulfilling popularity.

      Given that they think he is so popular with the public they can keep the public ‘on-side’ by treating him favourably. Further, they can also keep their big advertisers ‘on-side’ because National’s policies are favourable to them. Third, they can keep their bosses ‘on-side’ because they know Key and National’s policies are favoured by them.

      That then means that Key achieves a reputation as being ‘Teflon John’ which then helps him to maintain his popularity. A kind of virtuous circle which would rarely apply to someone on the left. Such a person may have the public ‘on-side’ but not the other ‘audiences’ for what the journalists write.

      Journalists aren’t silly. They detect and respond to these cues as to how they themselves can remain popular with those who matter to them just as well as anyone does in our society. Conforming to conventional opinion (e.g., that John Key is a great guy) and, especially, to the opinions of those who have some power over your fate is a common feature of human behaviour – so common that mostly we hardly notice we’re doing it (we think it’s our own freely exercised judgment; silly us).

      It can even end up in the curious, paradoxical situation of the majority of people who publicly support something not themselves particularly committed to supporting it – but they think they know ‘everyone else’ does so they are reasonably happy to fall into line with ‘conventional opinion’. It’s actually a well-documented phenomenon in the research literature.

      Key’s skill is staying on the ‘virtuous’ side of that particular circle of human social behaviour.

      Of course, he also ‘gets by with a little help from his friends’ … nothing like having a few conveniently placed happy little helpers to keep the circle moving in the right direction.

      And no doubt there are many other factors behind how he is conventionally reported (e.g., consistency of narrative, laziness, etc.).

  31. AndrewENZ 31

    TV One News led with this instead of spying allegations. It makes me wonder if it was something released to deflect attention from the spying allegations.

    • yeshe 31.1

      quite likely as it has been replaced by another track for the past two weeks, according to Joyce today ( must say I’ve never noticed as I always mute the ads !)

  32. Local Kiwi 32

    Steven Joyce. – Now Mr fuck it.

    Wouldn’t that be “Just rewards” to have our Minister of Propaganda Steven Joyce in the dock for copyright infringement.

    He diddled like fast Eddie when he sold his radio works to a corporation that amalgamated into Media works.

    Then as minister of communications he brokered a $43 million low cost loan to them to buy a lot of channels to expand.

    Perhaps we can drag all this up to during his time under the letter of the law review on his happenings eh!



    “Officials warned the Government against making a deal with MediaWorks which allowed the struggling company to defer a $43 million payment for its radio licences.”


    Former Communications Minister Steven Joyce is a former radio company owner who made his fortune by selling his stable of radio stations to the firm, and has several contacts inside the industry.

  33. AsleepWhileWalking 33

    Would love to be a fly on the wall when the National Party gets handed a cease and desist letter.

  34. Redzone 34

    Delicious irony . I’d love to see 8 mile high pull an urgent injunction on the Nats and force them to take it off air days out from the election( it’s still on radio today) and sue big for reputational damage. Nats will ignore a cease and desist.
    Nice and messy.

    Joyce ( keys very soon to be replacement) has fucked this up big time.

    Loving this campaign. You couldn’t make this shit up!

  35. AsleepWhileWalking 35

    Ahh…Joyce explains the “real” reason behind the lawsuit:

    “National’s campaign chairman Steven Joyce said National had done everything by the book and he believed the legal action was aimed at getting money and free publicity.”


    • Lanthanide 35.1

      Yeah, ’cause Eminem needs to sue National so that his core audience of 12-35 year olds will think “oh yeah, I should go buy his music, if it weren’t for this lawsuit I never would have heard of Eminem”.


      • dv 35.1.1

        Apple was fined $10 MILLION for using the same song without Emimen permission!!!!

        So who is going to get the money Mr Joyce?

        Se my comment below for more.

  36. Lloyd 36

    Even better, to be a fly on the wall in Key’s home when the armed offenders squad raids for copyright infringement.

  37. ianmac 37

    That nasty little chap on 7 Live on TV1 said tonight that there is no worry for National and that it would be the agent sued not the Nat Party. And if so I am sure that National would not let that happen. They are loyal to their mates aren’t they.

  38. Valleyman 38

    @ MICKEYSAVAGE, when you wrote your original blog about this, I went & listened to the song & come to the same conclusion as you did that it was uncanny like eminems song. A few days later I actually sent an email to eminems publishers out lining my concern that the national party advert song was very similar & that they were quite possibly in breach of copyright. I also cited to them that it was not the first time national had been in breach of copyright on their dvd. I wonder if my email had anything to do with them getting sued this time round.

  39. Rodel 39

    Please supply enlargements of your picture of Skater Collins and Key.and their sinking skiff. I want a billboard of that on my fence.

  40. Secondly if it loses it would have spent more than was allocated for the purpose of the advertisement by the Electoral Commission. As Mike Smith points out this may be significant.

    No. You don’t have to pay for the production costs of TV/radio programmes using the Broadcasting Allocation (you can do so, but don’t have to do so). Thus, if National does end up having to pay damages, this will not impact on the Broadcasting Allocation at all.

    • Tom Gould 40.1

      Some Tory crony on the radio this morning said it was only two notes anyway and that they can’t copyright two notes. I wonder if anyone has told Eminem he is wasting his dough? Once they hear big-shot Joyce and his ‘bring it on’ swagger they will probably drop the suit now anyway, in fear?

    • mickysavage 40.2

      I wondered about this Andrew. National overspent their allocation in 2005 when they forgot to allow for GST and drafted a bill to allow them to pay the money to the Electoral Commission who could then pay the money on. They seemed to take the view that the grant capped the amount that could be spent on broadcasting advertising.

  41. dv 41

    Apple was fined $10 MILLION for using the same song without Emimen permission!!!!
    Oh Shit.

    From comments by Steve on NBR


    Many artists, such as Eminem, refuse to release their music for commercial use. The quote below is taken from an Australian website but the same rule applies here in NZ.

    “When a business wants to broadcast, communicate or publicly perform your recording, they usually require two licences – one from APRA|AMCOS and one from PPCA or each copyright owner (usually the record company).”

    Apple was fined $10 million 10 years ago for using this exact same song without permission from the Emimen.


  42. unpcnzcougar 42

    While you are all at it – remember last year the green party poster using GOT with John Snow – Winter Is Coming. They I understand were forced to stop using those posters by HBO. Winter Is Coming is a great slogan but there isn’t a single person in the western world who doesn’t relate that to GOT – so use it but not with a picture of the actor.

  43. ShonKey 43

    The lyrics to this song have a certain resonance with me. Good choice for the campaign, I reckon.

    This world is mine for the taking, make me king
    As we move toward a, new world order
    A normal life is boring, but superstardom’s close to post-mortar
    It only grows harder, only grows hotter
    He blows us all over, these hoes is all on him
    Coast to coast shows, he’s known as the globetrotter
    Lonely roads, god only knows he’s grown farther from home
    He’s no father, he goes home and barely knows his own daughter
    But hold your nose cuz here goes the cold water
    These hoes don’t want him no mo’, he’s cold product


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