The Eminem ad for Chrysler that ran during the Super Bowl in February 2011 was r

Question

The Eminem ad for Chrysler that ran during the Super Bowl in February 2011 was rated as one of the best ads for the game. In May 2011, Audi ran an ad at a German auto show that had the “feel” of theEminem Chrysler “Lose Yourself ” ad.  Subsequently, the German auto show ad made its way onto the Internet.

The German ad caught the attention of Eminem and 8 Mile, Eminem’s publishing company. They notified Audi that the ad constituted an unauthorized use of their intellectual property. Explain what rights Eminem and 8 Mile have and how the courts can help.

See the two commercials below to compare:

Chrysler Advertisement: https://www.youtube.com/watch?v=SKL254Y_jtc (Links to an external site.)Links to an external site.

Advertisement from Germany: https://www.youtube.com/watch?v=xqzsIZ6Qth0 (Links to an external site.)Links to an external site.

It would be helpful to define what is considered intellectual property and copyright, and what type of law applies (federal or state) and what role the courts play in a legal dispute.

Explanation / Answer

Intellecutal property refers to the creations of individuals like art works, inventions, literary works etc. It is possible that others might use these creations for selfish monetary benefits without the permission of the owner. So, it is important protect them. There are certain ways like copyrights, patents and trademarks through which the creators of the intellectual property can do this. These methods like copyrights and patents give exclusive rights to the creators and enable them to sue others who use their work without permission. In this case, Eminem and 8 Mile have complete rights over their creation. Clearly, Audi copied the initial part of the video and the background score with getting any permission from Eminem or 8 Mile. Eminem has complete right to claim monetary benefits for the damages incurred. He took the help of law by suing Audi under the copyright protection law.   

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