National pulls Instagram video over Katy Perry copyright issues

National has pulled down an Instagram video after it used a Katy Perry song "out of context" and the company behind the song asked the political party to remove it. 

The artist's 'Did Somebody Say' song and accompanying music video is an advertisement for the Just Eat food delivery company, which owns 'Menulog' in some territories including New Zealand. It's become a popular song choice in skits on social media apps like TikTok.

National created an Instagram reel - a short video - with graphics highlighting the percentage increase in price for individual food items recently. The Katy Perry song is used in the background. The video includes the title, 'Just be rich ft. The Labour Party'.

But it's now been removed from the party's Instagram account.

"Our social media team adapted a TikTok trend for Instagram reels, which used Menulog’s audio out of context. Menulog asked us to remove the video, which we did immediately," a National Party spokesperson told Newshub. 

Leader Christopher Luxon said he's "pretty relaxed about it".

"As I understand it, the social media post was put up. It used a jingle that I think is a very common thing across TikTok at the moment where lots of people are using the same jingle. They were asked to take it down. They did it very quickly."

It's not the first time National's had trouble with copyrighted music. The party was found in breach of copyright in 2017 for using the 'Eminem Esque' song in a 2014 campaign advertisement that rapper Eminem's label said was a rip-off of his 'Lose Yourself'. 

The party was initially ordered to pay the record companies $600,000, but this was reduced to $225,000 in the Court of Appeal. They tried to get that increased in the Supreme Court, but had their appeal declined.

Steven Joyce, who was National's campaign manager when 'Eminem Esque' became problematic, reckoned its use was "pretty legal" at the time. 

A spokesperson for Eminem said in 2017 that he encouraged any money won through the court case to be donated to charity.

"Eminem was not a party to this lawsuit nor was he consulted regarding the case. Any monetary settlement he receives from it will be donated to hurricane relief. He encourages the plaintiffs, Eight Mile Style, to do the same."