By: Emily Walton
Published: 27/10/2017 | Updated: 27/10/2017
The National Party's use of the track Eminem Esque, in its 2014 election campaign was a copyright infringement.

The High Court decided Eminem Esque is a substantial copy of Lose Yourself, Eminem's highly original work, which attracts copyright protection. The tracks are "strikingly similar" with few differences.

To calculate the amount of damages, the Court assessed the hypothetical bargain that would have been reached between (a willing) Eight Mile Style and the National Party. Relevant was the fact that Lose Yourself is a high value work, rarely licensed to preserve and increase its value, and that Eminem and Eight Mile Style would not have endorsed its use for political advertising. Damages were awarded at $600,000 plus interest.

The National Party had taken professional advice on whether to use the track and was not reckless in doing so. There will now be a separate hearing on the professional adviser's liability. 
Download article in PDF format

Enter security code:
 Security code

Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand.
PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
+64 3 379 2467
Wynn Williams Auckland
Level 25, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand.
PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
+64 9 300 2609

This page is best viewed in an up-to-date web browser with stylesheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so. The latest version of Firefox, Safari or Google Chrome will work best if you're after a new browser.