A Michigan Ford dealer has found itself in some serious legal trouble with one one the greatest rappers of all time. The dealership allegedly used one of Eminem’s tracks in social media advertisments without his permission, and now the rapper’s publisher is suing.
In a suit filed on January 27 in a Michigan federal court, Billboard reports that Eminem’s publisher Eight Mile Style LLC is accusing LaFontaine Ford St. Clair of using one of the rapper’s songs in social media advertisements without getting proper permission. The dealership posted videos using the song to platforms like TikTok, Instagram and Facebook.
“This is an action for willful copyright infringement … against LaFontaine for its unauthorized use of the composition in online advertisements for one or more car dealerships in blatant disregard of the exclusive rights vested in Eight Mile,” the company’s attorneys write.
According to the suit, LaFontaine used Eminem’s track “Lose Yourself” in TikTok videos highlighting a special edition F-150 the dealer was selling. The truck was a Detroit Lions Edition of the F-150 that was limited to just 800 units, with the video telling viewers that they had “one shot” to own the special truck.
As Billboard pointed out, TikTok and Instagram feature licensed music that users can add to their posts. The exception is that this music can’t be used for commercial or promotional uses, which is what got LaFontaine in trouble. The suit mentions that Eminem and his publishers have approved for others to use ‘Lose Yourself’ in various commercials over the years, such as Chrysler during the 2011 Super Bowl. Eminem’s lawyers say that LaFontaine using the song without his permission “usurped Plaintiffs’ exclusive rights to determine when and under what terms the composition may be used for commercial endorsements and advertising.”
Eight Mile Style LLC is suing LaFontaine for $150,000 in damages and wants the dealership to post notices on its social media pages that using the rapper’s songs was illegal. LaFontaine is claiming ignorance. In a statement on behalf of the dealer, a spokesperson said the dealer claims that it had no knowledge of the songs use in its videos because they were all done by a third party, one that the dealership has since broken off its relationship with because of the suit.
At LaFontaine Automotive Group, we take intellectual property rights and copyright compliance very seriously.
We were recently made aware of a lawsuit filed by Eight Mile Style LLC regarding the unauthorized use of an Eminem song in a social media video associated with LaFontaine Ford St. Clair.
We want to be very clear: The unauthorized use of this song was the result of actions taken by a third-party vendor marketing, without the knowledge, authorization, or approval of LaFontaine Automotive Group.
Upon learning of this lawsuit, we immediately terminated our contractual agreement with this third-party vendor and are conducting a thorough review of our vendor processes to ensure this does not happen again.
We are working to resolve this matter expeditiously and in good faith.
