An attorney for Apple Inc. (NASDAQ: AAPL) defended the company's use of Eminem's songs on iTunes in court on Thursday, according to Associated Press.
Eight Mile Style LLC, Eminem's music publisher, and an affiliated company, Martin Affiliated LLC, say their contract with Aftermath Records, which controls the recordings, did not entitle it to strike a deal with Apple to sell 93 songs over iTunes.
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Apple pays Aftermath 70 cents for each iTunes download, and Eight Mile gets 9.1 cents of that share as the music publisher, he said.
Despite the legal dispute, Eight Mile cashed royalty checks and hasn't asked Apple to stop selling Eminem's songs, Pomerantz said.
Eight Mile's lawyers claim Apple has wrongfully gained $2.5 million through iTunes downloads, including $466,915 from Eminem's biggest hit, "Lose Yourself." They say Aftermath has collected $4 million off his songs on iTunes.
Eight Mile attorney Richard Busch said the publisher has a history of making legal distinctions between digital downloads and other ways to distribute Eminem's music. He referred to an agreement with Universal Music Group to offer "Lose Yourself" as a download before iTunes was created.
The first witness was Eight Mile manager Joel Martin, who said the publishing company can't protect itself financially without a download license with Apple.
Eminem, whose real name is Marshall Mathers, was not in court. He is not a plaintiff in the lawsuit and is not listed as a trial witness.
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