September 25, 2009 15:09

Eminem music publisher takes Apple to court over iTunes sales

Publisher says Apple have acted unlawfully

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Eminem's music publisher has taken Apple and his label Aftermath Records to court over what company chiefs say are unauthorised sales of his music on iTunes.

Publishers Eight Mile Style, along with an affiliated company, Martin Affiliated LLC, allege that Apple had no right to sell the songs on iTunes. The company also says that Eminem's contract with Aftermath Records did not give Apple any rights to market his songs online.

Speaking in court in Detroit, Apple lawyer Glenn Pomerantz told US District Judge Anna Diggs Taylor that Aftermath Records have the rights to use Eminem's recordings as they wish, and added that despite taking Apple to court, Eight Mile Style had still cashed royalty cheques and hadn't asked Apple to stop selling Eminem's music, reports Associated Press.

During the case, which is expected to last for a week, it was revealed that Apple pays Aftermath 70 cents for each sale of an individual track on iTunes, of which 9.1 cents gets paid to Eight Mile Style.

Eight Mile attorney Richard Busch defended the publisher in court, saying Eight Mile Style owns the compositions, rather than Aftermath Records. "If Eight Mile had a direct licensing relationship with Apple, this kind of nonsense would not happen," he added.

Eminem was not in court and is not expected to feature in person in the case.