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Ringtones Go Silent for Eminem
By Scott Ferguson
Tuesday, June 6, 2006
Your phone will no longer be going to 8 Mile Road. Representing Eminem, the Oscar and Grammy-winning superstar behind mega-hit albums The Marshall Mathers LP, The Eminem Show, The Slim Shady LP, Encore, and his recent greatest hits collection, Curtain Call, Michigan-based Eight Mile Style and Martin Affiliated filed a lawsuit earlier this year against five companies to prohibit them from illegally selling songs by the artist, also known as Marshall Mathers, as ringtones on the internet.
Last week, Eminem and his legal posse settled
with one of the companies - Cellus, a Colorado-based
company - and U.S. District Court Judge Gerald E. Rosen
approved the deal Tuesday, according to The
Detroit News.
Eminem's battles are far from over though with FanMobile,
myPhonefiles, and MatrixM the next legal targets in
the Grammy-winning rapper's sights. One of the other
companies in the initial suit - Nextones.com, a company
based out of New York - never responded to legal notices
and Judge Rosen filed a default judgment totaling $195,000
for Eminem. After the initial five companies, Eminem's
attorneys added a sixth copyright infringer to the list
with Florida-based Phattones Media Productions.
Ringtones are a big game and one that's growing with
a recent study by Jupiter Research claiming that profits
from the industry could reach almost three-quarters
of a billion dollars in just three years from their
$217 million last year. Hit-tracker Billboard
even added a ringtone chart recently, truly cementing
the cultural phenomenon, but also forcing artists to
pay more attention to who may be illegally making money
off their compositions.
Howard Hertz, an attorney for Marshall Mathers, wouldn't
say if Cellus paid any money, only that they had agreed
to stop distributing the Eminem songs and added a polite
"we came to an amicable agreement," according
to the BBC.
Cellus lawyer Mary Margaret O'Donnell wouldn't elaborate
on the deal, saying that "the provisions of the agreement
are confidential," according to E
Online.
The next ringtone company likely to fall prey to Eminem's
wicked legal styles? myPhonefiles, whose representative,
Jill Wheaton told MTV.com
that they were close to reaching a settlement with the
Eminem camp.
Legal battles have been almost as big a part of Marshall
Mathers' career as his music with a settlement with
Apple last year over an Eminem song used in one of the
company's iTunes commercials without permission and,
before that, legal action against Source Magazine
to stop them from publishing racially charged lyrics
from Eminem's past.
Your Cingular phone isn't Eminem's only target
as Howard Hertz also revealed his intention to ruin
your "Lose Yourself" or "Slim Shady" stylings at the
local karaoke bar by taking on distributors who sell
Eminem songs to the popular format without the
right license. Those legal actions should be coming
in the next few months, probably before another Eminem
album. Curtain call indeed.
[Additional Sources: Associated Press, MTV.com,
E Online, BBC, Detroit News]
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