Eminem and his associates have been awarded thousands in damages after filing a lawsuit against the New Zealand National Party for their unlicensed use of a variation of his hit song 'Lose Yourself', which appeared in his 2002 Academy Award winning movie '8 Mile'. 

Eminem at 'Southpaw' premiereEminem at 'Southpaw' premiere

The High Court has awarded $600,000 to Eight Mile Style which published the song, the fee being the 'hypothetical licence fee' since 2014 if they had been given permission to use the song for their advertising. The political party were found to have breached copyright on three counts according to the New Zealand Herald: 'by communicating a copy of Lose Yourself to the public without a licence, by authorising the copying, and authorising the use of the advertisements'.

The party were also accused of deliberately trying to avoid licensing fees by using a song called 'Eminem Esque' supplied by a company called Beatbox, though they are now considering taking legal action against the company.

'The music was licensed with one of New Zealand's main industry copyright bodies, the Australasian Mechanical Copyright Owners Society [AMCOS]', said National Party president Peter Goodfellow. 'Being licensed and available for purchase, and having taken advice from our suppliers, the party believed the purchase was legal. The party is now considering the implications of the judgment and the next steps. We already have a claim against the suppliers and licensors of the track.'

It was a two week trial that went back and forth incessantly, with the party's defence even trying to claim that 'Lose Yourself' was not entirely original by pointing out similarities with other songs. However, the judge wholeheartedly disagreed.

'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', Justice Helen Cull told the court. 'It is no coincidence that Lose Yourself received the 2003 Academy Award for Best Original Song.'

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Eight Mile Style representative Adam Simpson was happy with the ruling, and confessed that he hoped it served as a warning to companies everywhere when it comes to using music without permission. 'The ruling clarifies and confirms the rights of artists and songwriters. It sets a major precedent in New Zealand and will be influential in Australia, the UK and elsewhere', he said. '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.'