Source Magazine Ordered to Pay Eminen’s Costs After Breaching Court Order

July 2004

Music Publishing, Record Labels

In February 2004 we reported that a US judge had allowed magazine the Source to publish limited extracts (eight lines) and twenty seconds of sound recordings from two of Eminen’s early tracks which were allegedly racist. This was under the ‘fair use’ (fair dealing’ in the UK) doctrine where copyrighted works can be used for criticism and review. Hip-hop magazine The Source has now been held in contempt of court and ordered to pay Eminem’s legal fees for violating that court order by publishing the entire lyrics of the two songs. US District Judge Gerard Lynch ruled the magazine violated a court ruling from last year, which prohibited it from reprinting the lyrics or putting the full recordings on its website. Judge Lynch denied Shady Records’ request that the magazine be fined thousands of dollars for violating the court order barring it from printing the full lyrics of the songs, saying they had now been removed from the site. But he has now ordered the magazine to pay the legal fees of Eminem and his label, Shady Records. He also dismissed a counter-suit filed by The Source against Shady Records in which the magazine claimed it held the rights to the songs.
See Law Updates February 2004 US Judge allows access to Eminen ‘racist’ recordings

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