Eminem didn't initiate legal action against the National Party, says spokesman

Prime Minister John Key and rapper Eminem. Photo / AFP; Getty Images

Legal action against the National Party for using a song by US rap star Eminem was not initiated by the singer, but by one of his publishers, his spokesman says.

Yesterday papers were filed in the High Court alleging the National Party breached copyright by using Eminem's song Lose Yourself in its campaign advertisements.

A spokesman for the singer told APNZ the singer himself was not involved in the action.

"While he opposes the unauthorised use of his music, in this instance the infringement claim in question was initiated by the publisher of his early song catalogue, not by Eminem himself."

US rapper Eminem. Photo / AP

Prime Minister John Key told TVNZ's Breakfast show that any upset over the use of the song was not deliberate.

The campaign team went to a Australian company Beatbox which assured them they were legally safe to use the tune, he said.

"So we used it.

"In the end it's one of those legal disputes where I guess in the end it will all get sorted out through another process but, there's no deliberate intention to do something."

Prime Minister John Key. Photo / Jason Oxenham

National's campaign chairman Steven Joyce earlier said the party had done everything by the book and he believed the legal action was aimed at getting money and free publicity.

"I think these guys are just having a crack and have a bit of an eye for the main chance because it's an election campaign.

Steven Joyce. Photo / Glenn Taylor

Copyright lawyer Chris Hocquard told Newstalk ZB today Mr Joyce could be right in claiming the action was politically motivated.

"I don't want to sound like an apologist for the National Party, but it's clearly timed because of the election campaign," he said.

"The fact that the proceedings were filed and a statement issued rather than just quietly filed as a lot of others are, does suggest that Steven Joyce is right, that someone there is trying to take advantage of the situation in the hope that the threat of this coming out and the embarrassment of it all coming out would close it down really quickly."

He also said such cases "very rarely, if ever, go to court".

"In New Zealand they never go the whole way, it's just too prohibitive in terms of cost, it takes too long, it drags out forever."

Eight Mile Style, LLC and Martin Affiliated, LLC were seeking damages for copyright infringement against the National Party.

"Eminem's publishers were not approached for permission to use any of Eminem's songs for this campaign advertisement," said Joel Martin, speaking on behalf of the publishers.

National had purchased the music from Beatbox through Apra/Amcos -- the Australasian body that acts as local agents for music licensing companies all around the world.

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