Eminem's publishing company is targeting Facebook in a lawsuit over the use of a song resembling "under The Influence" used in one of their ads.
Eminem is one of the most successful artists in the game, with 80 million records sold, and no signs of stopping, with his last album, Recovery becoming the first album to hit 1 million digital downloads. Even with this amount of success, Em is still not ready to let anyone use his music without license, which is what has his publishers going after Facebook over a copyrigh infringement case.
The suit alleges that Facebook CEO Mark Zuckerberg screened a commercial created by Portland, Oregon ad agency "Wieden + Kennedy" entitled “Airplane”, for the new Facebook Home app back in April. The ad contained a portion of music that bared an uncanny similarity to Em's "under The Influence", a cut from the Marshall Mathers LP with D12.
According to the suit, viewers of the commercial noticed the similarity, and Facebook later released a version of the ad without the song to their Youtube channel, which Em's camp is arguing as an admission of guilt.
“The alteration of the Airplane advertisement was an admission that Facebook knew it had infringed on the Eminem/D12 Composition,” says the lawsuit.
Even with the offending song removed from the ad, 8 Mile Style (Eminem's publishing company) still released a cease and desist order, indicating taht Facebook and Wieden + Kennedy did not have the “permission to alter the Eminem/D12 Composition”.
The suit also alleges that Facebook and Wieden + Kennedy attempted to retaliate to the claims by accusing Dr. Dre of using uncleared samples on the original song, but while Dre has worked extensively with Eminem, he has no credits on "under The Influence".
"Counsel falsely and wrongfully alleged that Andre Young, professionally known as Dr. Dre, composed ‘Under the Influence.’ Yet, a simple Internet search of the Eminem/D12 Composition would have revealed that “Under the Influence” was composed by Marshall Mathers, III, and members of D12, including Denaun Porter, Von Carlisle, Ondre Moore, R. Arthur Johnson, and DeShaun Holton. Dr. Dre likewise did not produce ‘Under the Influence.’"
Eight Mile Style are suing for up to $150,000 per infringement.