Deal struck between Apple, Eminem's music publisher - SiliconValley.com

• Deal struck between Apple, Eminem's music publisher - SiliconValley.com

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  • Apple and the music publisher for Eminem have settled a lawsuit over the digital downloading rights to many of the Detroit rapper's songs, a lawyer said Friday.

    Eight Mile Style claimed that its contract with Aftermath Records did not authorize the record label to strike a download deal with Apple and the popular iTunes service.

    Eight Mile and another plaintiff, Martin Affiliated, were seeking millions of dollars, alleging copyright violations on 93 songs, including Eminem's biggest hit, "Lose Yourself."

    "The case was settled to the satisfaction of all parties," Eight Mile attorney Richard Busch said.

This incident is one example of how parties seek a negotiated outcome in the "shadow of copyright law". In practice, copyright disputes do not invariably end up in court. Consider why neither party forced the issue in a way which led to the case coming before the courts? Each party would approached the negotiations with a view to reaching a settlement. Eminem's lawyers would have had a "bottom line" - the level below which they would refuse to negotiate. $2.5million? Apple's lawyers would also have to determine the costs of having to go to court (and likely damages) with that of the costs of reaching a negotiated outcome. Lawyers need to be good negotiators - and effective communicators and persuaders.