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ARTICLE · 20 MARCH 2018

A copy is a copy if it sounds like a copy

Recent NZ HC decision illustrates the importance of considering a work in its entirety when assessing copyright.

AustraliaIntellectual Property

The New Zealand High Court recently found that the New Zealand National Party infringed copyright in the Eminem song 'Lose Yourself' as part of its 2014 election campaign.

The National Party released a television advertisement which included a song called 'Eminem Esque.' Eminem Esque was written by Michael Cohen and consists of a musical track with no lyrics. Mr Cohen licensed the song to a music production company in the USA, who subsequently licensed the song to Beatbox Music. The National Party purchased a licence to use the track from the music library of Beatbox Music, believing it was fine to use for the advertisement.

Eight Mile Style LLC (who own half the rights to 'Lose Yourself') commenced action against the National Party after the advertisement came to their attention. Eight Mile Style alleged that 'Eminem Esque' is a substantially similar version or adaptation of 'Lose Yourself' and the National Party engaged in copyright infringement by communicating

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