Facebook and ad agency Wieden & Kennedy denied trying to be the real Slim Shady, responding to a lawsuit filed in federal court in Detroit in May by Eminem’s song publisher, 8 Mile Style, which alleged that the social network’s Airplane ad promoting its Home Android overlay used music from the rapper’s 2000 song, “Under the Influence.”
MLive reported that Facebook and Wieden & Kennedy denied the accusations by 8 Mile Style, telling the court in its response:
Plaintiffs’ copyright infringement claim fails because the music contained in the commercial is not substantially similar to protectable expression contained in the musical composition “Under the Influence.”
The social network and the ad agency went on to say that “any infringement that allegedly occurred was de minimis,” according to MLive.
The Detroit Free Press reported in May that when 8 Mile Style initially contacted Wieden & Kennedy, the ad agency responded that the music in the original version of Airplane, which has since been removed from YouTube, was actually sampled from 1991 Michael Jackson song “Give In to Me.”
The next step, according to MLive: A judge must rule on whether or not 8 Mile Style has a case.
Readers: Do you think this dispute will go to trial?