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Pink Floyd win EMI court battle Pink Floyd win EMI court battle
(about 1 hour later)
Pink Floyd have won a court battle with record label EMI over how their music is sold over the internet. Pink Floyd have won a High Court battle to stop their record label EMI selling individual songs online.
The rock legends, signed to EMI since 1967, sued the label over its decision to sell individual album tracks online. The rock legends, signed to EMI since 1967, said their contract meant their albums could not be split up without their permission.
EMI has been ordered to pay £40,000 ($60,000) in costs as an interim payment. The judge is to rule how much more the label should pay as a fine. A judge agreed, saying the contract contained a clause to "preserve the artistic integrity of the albums".
EMI has also been banned from selling single Pink Floyd tracks online without the band's permission. EMI has been ordered to pay £40,000 ($60,000) in costs, with a further fine to be decided.
The group, whose latest contract was signed before download stores like iTunes appeared, also disputed the way royalties for digital sales were calculated.The group, whose latest contract was signed before download stores like iTunes appeared, also disputed the way royalties for digital sales were calculated.
They largely avoided releasing singles during their career, instead preferring fans to listen to entire albums such as Dark Side of the Moon, which has sold more than 35 million copies around the world. In court, Chancellor Sir Andrew Morritt declared that the contract means EMI is not entitled to exploit recordings by online distribution or by any other means other than the complete original album without Pink Floyd's consent.
Artistic control The band largely avoided releasing singles during their career, instead preferring fans to listen to entire albums such as Dark Side of the Moon, which has sold more than 35 million copies around the world.
Pink Floyd tracks have been available on download stores like iTunes
Earlier this week, Robert Howe QC, appearing for the group, said the the band's deal with EMI stipulated that their "seamless" albums should not be split up and that they "wanted to retain artistic control".Earlier this week, Robert Howe QC, appearing for the group, said the the band's deal with EMI stipulated that their "seamless" albums should not be split up and that they "wanted to retain artistic control".
He said it would have been "a very odd result" if band members were able to control exactly how their music was sold as a physical product but there was "a free-for-all with no limitation on online distribution".He said it would have been "a very odd result" if band members were able to control exactly how their music was sold as a physical product but there was "a free-for-all with no limitation on online distribution".
Elizabeth Jones QC, appearing for EMI, disagreed and said the word "record" in the band's contract "plainly applies to the physical thing - there is nothing to suggest it applies to online distribution".Elizabeth Jones QC, appearing for EMI, disagreed and said the word "record" in the band's contract "plainly applies to the physical thing - there is nothing to suggest it applies to online distribution".
The band were not present to hear the judgment at the High Court in London.The band were not present to hear the judgment at the High Court in London.
The issue of selling individual tracks online has been a thorny one for many artists, who want their albums to be seen as complete works. Bands also receive less money if fans pick and choose tracks instead of buying a full suite of songs.The issue of selling individual tracks online has been a thorny one for many artists, who want their albums to be seen as complete works. Bands also receive less money if fans pick and choose tracks instead of buying a full suite of songs.
It is believed to be one reason why The Beatles - whose catalogue is also owned by EMI - have not appeared in download stores like iTunes.It is believed to be one reason why The Beatles - whose catalogue is also owned by EMI - have not appeared in download stores like iTunes.
Garth Brooks and AC/DC are among the others who have objected to their albums being split up.Garth Brooks and AC/DC are among the others who have objected to their albums being split up.