Eight Mile Style LLC, the publishing company that controls the copyrights for Marshall Mathers’ (aka “Eminem”) songs, has filed suit against Meta Platforms, Inc. (“Meta”) for what it calls “rampant infringement” of the rapper’s musical compositions. Complaint at 3, Eight Mile Style, LLC and Martin Affiliated, LLC v. Meta Platforms, Inc., No. 2:25-cv-11618-BRM-DRG (E.D. Mich. Filed May 30, 2025). Eight Mile Style is seeking a permanent injunction as well as monetary damages of $150,000 per song for alleged infringement of 243 songs across Facebook, Instagram, and Whatsapp. Id. at 6. This brings the total requested damages to nearly $110 million.
The complaint, filed on May 30, 2025, in the Eastern District of Michigan, alleges that Meta has engaged in “exponential infringement” by storing, reproducing, and distributing Eminem’s songs without having a proper license to do so. Id. at 2-3. Eight Mile Style further claims that Meta knowingly infringed its rights as the two companies had previously engaged in discussion to license Eminem’s songs; however, these talks eventually failed.
Ultimately, Eight Mile Style has brought claims of direct copyright infringement, inducement of copyright infringement, contributory copyright infringement, and vicarious copyright infringement against Meta. Id. at 17-22. While these claims all sound similar, there are slight differences between each as shown below.
- Direct Infringement involves the defendant’s own actions, which, in this case, is Meta’s alleged storage, reproduction, and distribution of the songs without a license.
- Inducement of Infringement occurs when the defendant distributes a device with the object of promoting its use to infringe copyrights, as shown by clear expression or other affirmative steps taken to foster infringement. The defendant can then be found liable for the resulting acts of infringement by third parties. The device in question here is Meta’s platforms, as well as the tools/features in each platform (reels, the ability to add songs to posts, etc.). Eight Mile Style says the affirmative steps in this case is Meta’s failure to develop or implement tools or mechanisms to diminish the infringing activity while also promoting the tools/features on its platforms that users in turn used to infringe. Under this theory, the user’s infringement occurred because of Meta’s platforms and its actions.
- Contributory Infringement requires the defendant to knowingly induce or encourage a third party to infringe another’s copyrights. Eight Mile Style’s claim here is that Meta knew it did not have a valid license to the songs in question but still encouraged and caused its users to infringe Eminem’s songs by allowing them to reproduce and distribute infringing copies of the songs in their posts, stories, and other content on the platforms.
- Vicarious Infringement occurs when the defendant has the right and ability to control the direct infringement by a third party, and the defendant financially benefits from the infringement. Meta obviously has control over its platforms and the tools, features, and content its users have access to, including the alleged infringing copies of Eminem’s songs. Eight Mile Style is claiming the availability of the infringing songs drew users to Meta’s platforms, and Meta financially benefitted from this because more users results in more ad money, which accounted for nearly 98% of Meta’s revenue in 2023. Id. at 4.
Meta has yet to file its answer with the court, but it did release a comment, stating, “Meta has licenses with thousands of partners around the world and an extensive global licensing program for music on its platforms. Meta had been negotiating in good faith with Eight Mile Style, but rather than continue those discussions, Eight Mile Style chose to sue.” Charna Flam, Eminem’s Music Publisher Eight Mile Style Is Suing Meta for $109 Million Over Copyright Infringement Claim, PEOPLE MAGAZINE (June 4, 2025).
Of the four infringement claims, Eight Mile Style’s claim of direct infringement is undoubtedly the strongest and has the best chance to succeed on the merits. While the claims of inducement and contributory infringement are plausible, it will be difficult for Eight Mile Style to show that Meta was actively promoting its platforms as infringing tools or that it was inducing or encouraging its users to infringe Eminem’s songs. Similarly, the claim of vicarious infringement is somewhat weak because the claim that the availability of Eminem’s songs drew users to Meta’s platforms is tenuous. That being said, the most likely outcome is a settlement before the merits are decided.
By: Haley Holt | hholt@sandsip.com
 
					