NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

National Party found guilty of Eminem copyright breach

Frances Cook
By Frances Cook
BusinessDesk Investments Editor·NZ Herald·
25 Oct, 2017 02:00 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

High Court rules National Party infringed copyright of Eminem's 'Lose Yourself' in 2014 election ad.

The National Party has been found guilty of breaching copyright by using Eminem's track Lose Yourself for a 2014 election ad and must pay $600,000.

The High Court has awarded Eight Mile Style, the publisher of the hit song, damages, plus interest from June 28, 2014.

The High Court ruled that would be the "hypothetical licence fee" that would have reasonably been charged for permission to use Lose Yourself in National Party advertising.

The court noted Eight Mile Style had exclusive control of the song's licensing, and rarely granted permission for the song to be used in ads.

However, no additional damages were awarded because the National Party's actions were taken after getting professional, commercial, and media advice. The court found the party had not been reckless.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The then-Government fought its case in the High Court in May this year, accused of knowingly trying to sidestep licensing fees by using the track Eminem Esque.

Now in a just-released decision, the High Court has ruled the similarities between Lose Yourself and Eminem Esque were so strong, it breached copyright.

The National Party says it is disappointed with today's verdict - and is now pursuing legal action against the supplier and licensor of the music.

Advertisement
Advertise with NZME.

The National Party bought the track Eminem Esque from a company called Beatbox, which in turn bought the licence from California-based music library Labrador.

National has now said it is considering legal action against the suppliers and licensors, while Eight Mile Style has a case for third party liability which was held back until there was a decision on its case against the National Party.

The lawyers acting for Eminem's music company say the decision "is a warning to 'sound alike' music producers and their clients everywhere".

Although the National Party legal team had tried to argue Lose Yourself wasn't a very original work to begin with, Justice Helen Cull found Eminem's Lose Yourself was "a highly original work".

Discover more

New Zealand|politics

National Party appealing costs in Eminem case

02 Jul 10:14 PM
New Zealand|politics

Eminem reps file application over Court of Appeal decision

05 Mar 08:01 AM
New Zealand|politics

Eminem and National Party case reaches Supreme Court

02 May 12:20 AM

"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.

"It is no coincidence that Lose Yourself received the 2003 Academy Award for Best Original Song."

Cull ruled that Eminem Esque "substantially" copied Lose Yourself, to the point where the differences between the two were "minimal".

She particularly noted close similarities between the drum beat, the melody, and the piano.

Cull said that meant the National Party committed three breaches of copyright, 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 two-week hearing in May that led to this decision often threatened to descend into farce, with lawyers grappling to find the line between imitation and copying.

Advertisement
Advertise with NZME.

Rap track Lose Yourself was repeatedly played to the courtroom at full volume.

Another musical interlude came in a comparison between Twinkle Twinkle Little Star, and the ABC song.

They were played to the court by defence lawyers as evidence of the similarities that are possible between different tracks.

Next came a comparison between The Motels' Total Control, Led Zeppelin's Kashmir, and Lose Yourself.

But behind all of the odd moments was a serious debate over the complex workings of copyright law.

There was also the issue of setting a precedent on the legality of copycat tracks.

Advertisement
Advertise with NZME.

Eminem Esque was purchased from a licenced vendor, with defence lawyers pointing out that there were many such 'Esque' tracks available in the library.

strong intro pic.twitter.com/80uLnT1uDb

— Toby Manhire (@toby_etc) October 25, 2017

The National Party was disappointed with the ruling, party president Peter Goodfellow said.

"However, the High Court found that before using the track the party took extensive advice and sought assurances from industry professionals that the track could be used by the party.

"The judgment has also found that the party in using the track did not act flagrantly or in a manner which justifies the party being further punished."

Goodfellow said National "purchased the piece of production music from a reputable Australian-based music production library, who had purchased it from a US supplier".

"The music was licensed with one of New Zealand's main industry copyright bodies, the Australasian Mechanical Copyright Owners Society [AMCOS]. Being licensed and available for purchase, and having taken advice from our suppliers, the party believed the purchase was legal.

Advertisement
Advertise with NZME.

"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."

Adam Simpson, who acted for Eminem's music company Eight Mile Style and writers Jeff Bass and Luis Resto, said the ruling was a warning to music producers everywhere.

"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.

"'Sound alike' tracks are often used in advertising to be reminiscent of well-known original music, while avoiding appropriate acknowledgement and payment for the use of the original piece. Getting too close to the original risks infringing copyright.

"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."

Save

    Share this article

Latest from New Zealand

Kahu

Muttonbirding: ‘It’s a part of who we are’

10 May 09:35 AM
New Zealand

Do you know this woman? Police appeal for help to identify 'Mary'

10 May 08:58 AM
New Zealand

Lotto Powerball: $10 million draw not struck, two players win $500,000

10 May 08:02 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Muttonbirding: ‘It’s a part of who we are’

Muttonbirding: ‘It’s a part of who we are’

10 May 09:35 AM

Daniel Tarrant is harvesting tītī on Rakiura's tītī islands.

Do you know this woman? Police appeal for help to identify 'Mary'

Do you know this woman? Police appeal for help to identify 'Mary'

10 May 08:58 AM
Lotto Powerball: $10 million draw not struck, two players win $500,000

Lotto Powerball: $10 million draw not struck, two players win $500,000

10 May 08:02 AM
Premium
Tickets please: 'You are not going for dinner, you're going for an experience'

Tickets please: 'You are not going for dinner, you're going for an experience'

10 May 06:01 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP