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Tuesday, May 10, 2005, 09:00 am PT (12:00 pm ET)

Eminem settles with Apple over ad

Eminem's music label has agreed to an undisclosed financial settlement with Apple in a lawsuit over copyright infringement claims.

In February of 2004, Eight Mile Style, Eminem's label, filed a lawsuit in U.S. District Court in Detroit against MTV, Apple, MTV's parent Viacom Inc. and advertising agency TBWA/Chiat/Day, claiming that Apple used one of the rapper's hit songs in an advertisement without permission.

Specifically, Apple featured a 10-year-old singing Eminem's Oscar-winning song "Lose Yourself" in an ad for its iPod and iTunes music products, which aired on MTV.

"The parties were able to reach an amicable resolution," Howard Hertz, a lawyer for Eight Mile Style and Eminem, told the Associated Press on Monday.

A lawyer for MTV and Viacom said case was "amicably resolved." Both declined to elaborate and a lawyer for Apple reportedly declined to comment.

In the suit, Eminem's lawyers alleged that Apple had originally sought the rapper's permission to use the song, but were turned down. Apple apparently proceeded without Eminem's blessing, even posting a copy of the finished ad on its Web site.

At the time, lawyers representing Eight Mile Style were quoted as saying: “even if (Eminem) were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million.”

Word of the settlement was first reported by The Associated Press.