TORONTO — The company behind Eminem’s music filed a copyright infringement lawsuit Monday against Facebook, claiming it doesn’t “like” one of its recent advertisements.
Eight Mile Style alleges Facebook and its advertising agency Wieden + Kennedy (W+K), used a version of the rapper’s “Under the Influence” in a promotional video without permission.
Written by Eminem and the collective known as D12, the song appeared on his third studio album, Marshall Mathers LP.
The lawsuit, filed in U.S. District Court in Michigan, claims a version of the song appears in a video introduced by Facebook CEO Mark Zuckerberg at an April 4 event to launch the application Facebook Home.
“The music contained in the advertisement infringes the worldwide copyright in the Eminem/D12 Composition as the music is substantially similar to the Eminem/D12 Composition,” reads the statement of claim. “W+K’s and/or Facebook’s willful encouraring, inducing, facilitating and enabling of the unauthorized use and exploitation of the Eminem/D12 Composition and any derivative thereof constitutes copyright infringement.”
None of the allegations have been proven in court.
The lawsuit claims Zuckerberg reportedly once referred to himself online as Slim Shady — the alter-ego of Eminem — and that Facebook’s advertising agency used the music “in an effort to curry favor with Facebook by catering to Zuckerberg’s personal likes and interests, and/or to invoke the same irreverent theme as the Eminem/D12 Composition.”
Eight Mile Style claims Facebook later altered the music in the advertisement, suggesting the company knew it was “facing substantial liability.’
According to the statement of claim, W+K responded in writing to a cease-and-desist letter by stating erroneously the song was written and produced by Dr. Dre and was a rip-off of Michael Jackson’s “Give in to Me.”
“Not one person, however, who heard the Facebook advertisement, and commented about it on the blogosphere, noted any similarity between the Facebook advertisement and any Michael Jackson song,” reads the lawsuit.
Eight Mile Style, which reached a settlement with Apple Inc. in 2005 after the company used Eminem’s hit “Lose Yourself” in an iPod commercial without permission, is seeking a permanent injunction as well as statutory damages and costs.
The defendants have declined to comment.
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