W+K, Facebook Claim Not Under 'Influence'

Facebook CEO Mark Zuckerberg has been a longtime fan of Eminem. At least that’s the contention in a lawsuit filed against the social media network and its agency Wieden + Kennedy for misappropriating a song that sounds like the Eminem hit of a few years back, “Under The Influence.”  

Last week W+K and Facebook responded in U.S. District Court in Michigan that the suit is without merit and should be tossed.

In the original complaint, Eminem music publisher Eight Mile Style and copyright agent Martin Affiliated alleged that W+K and Facebook unlawfully used “Under the Influence” in an ad called “Airplane” that was launched in April to promote the new “Facebook Home” application.

According to the suit, the song was a collaboration between Eminem and the rap group D12, which co-own the copyright to it.

“The music contained in the Airplane advertisement for Facebook Home infringes the worldwide copyright on the Eminem/D12 Composition, as the music is substantially similar,” the plaintiffs asserted.  “Any ordinary observer would absolutely recognize the music” as such, they added.

The suit also asserts that W+K incorporated the music into the ad “in an effort to curry favor with Facebook by catering to Zurckerberg’s personal likes and interests, and/or to invoke the same irreverent theme” as the song.

At the very least, the suit contends, the song in the “Airplane” ad is a “derivative work” of “Under the Influence,” and thus is protected by copyright laws.

The rapper’s reps said he’s suffered “irreparable harm,” given that the ad has been streamed around the world on sites, including Facebook’s YouTube channel. In addition to damages and fees, the plaintiffs want Facebook and W+K permanently enjoined from using the rapper’s copyrighted material.

In their rebuttal, W+K and Facebook countered that the music in the ad “is not substantially similar to protected expression contained in the musical composition ‘Under the Influence.’”

To the extent that there is any similarity between the two musical works, it is minimal, the defendants argued. “Plaintiffs’ damages, if any, should be limited by the doctrines of innocent infringement and/or innocent intent.”  

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1 comment about "W+K, Facebook Claim Not Under 'Influence'".
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  1. Cody H from Some big ad agency, July 3, 2013 at 4:25 p.m.

    Funny to see Eminem as the plaintiff and not the defendant for a change.
    I'm a pretty big fan, and when I saw the Facebook commercial I didn't hear anything that sounded like one of his songs. Pretty hard to say that's 'irreparable damage' (which also sounds like an Eminem song).

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