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The cost for the National Party to use a bad copy of hit hit music Lose Yourself should be greater than $ 600,000 The High Court Ordered "
The oral argument at the Wellington Court of Appeal on Tuesday concerned the damages that the party and its national secretary, Greg Hamilton, had been ordered to pay.
The party appealed Justice Helen Cull's decision $ 600,000 in damages for the use of a piece entitled Eminem Esque, a version of the music similar at Lose Yourself who broke the copyright.
NATIONAL
The 2014 National Party advertising showed a rowing team, with a voice speaking on an Eminem style piece of music. (File photo)
But public submissions to the Court of Appeal avoided the dollar figures regarding music licensing agreements that were given confidentially to the Supreme Court before Justice Cull. * The announcement of the national party "bland" and the use of the song Eminem would never be allowed
* National Party to pay $ 600,000 in damages for use of Eminem Lose Scam
* Any payment for violation of the song of Eminem will have a mysterious background
The Court of Appeal reserved its decision
ROSS GIBLIN / STUFF
National Party lawyer Greg Arthur said the Judge seemed to disregard anything that was favorable to the National Party when he decided damages.
Two American companies, Eight Mile Style and Martin Affiliated, respectively hold half of the copyright, and administer it for Lose Yourself interpreted by Eminem. They appealed, asking that the damages be increased.
The National Party paid $ 4802 for the license to use the music library track Eminem Esque after it was decided to seek beat syncopated music as Lose yourself to match the rowers' blows in campaign advertising.
The music was used in a campaign advertisement for the 2014 general election. The similarity with Lose Yourself resulted in legal action threats, and the music was been replaced.
Getty Images
Eminem was one of three creators of the original composition, Lose Yourself, but was not directly involved in the trial. (Photo of the file)
The American party's lawyer, Garry Williams, said the amount of the damages had to be fair and equitable.
Political use was an element for which the National Party should pay more, he said. The owners had been asked to authorize Lose yourself for a different political advertisement, and permission was denied.
If the copyright owner would have refused to grant a license to use, for example for political purposes or for refusing to exercise creative control over the owner of the copyright. right of the author, this would justify the award of additional damages. Garry Williams, a lawyer in the Lose Yourself case, said the damage should have been higher because … "title =" "src =" https://resources.stuff.co.nz/content/ dam / images / 1 / q / m / u / g / x / image.related.StuffLandscapeSixteenByNine.620×349.1ql8n7.png / 1530592708245.jpg "class =" photoborder "/>
ROSS GIBLIN / STUFF
Lose Yourself attorney Garry Williams said the damage should have been higher because the music was used in a political advertisement.
National Party lawyer, Greg Arthur, said the damages were based on the fees that the party would have paid to use the music, during the 11 days that he used Eminem Esque and make it available on the Internet
The party was not desperate to get the music, so his offer would have been at the bottom of the range, he said.
While he was eager to use music when it cost $ 5,000, that did not mean Arthur said so too.
L & # 39; One of the composers of Eminem's song Eminem, Lose Yourself, Jeff Bass, testified at the Wellington High Court where he played the guitar riff created for the song. (File photo)
