Pink Floyd wins battle with EMI over online sales

[Evil Rick]

Pink Floyd wins battle with EMI over online sales

 

LONDON (AP) - In a victory for the concept album, Britain's High Court on Thursday ordered record company EMI Group Ltd. to stop selling downloads of Pink Floyd tracks individually rather than as part of the band's original records.

 

The prog-rock group sued the music label, saying its contract prohibited selling the tracks "unbundled" from their original album setting.

 

Pink Floyd lawyer Robert Howe said the band was known for producing "seamless" pieces of music on albums like "Dark Side of the Moon,""The Division Bell" and "The Wall," and wanted to retain artistic control.

 

EMI claimed the clause in the band's contract - negotiated a decade ago, before the advent of iTunes and other online retailers - applied only to physical albums, not Internet sales.

 

Judge Andrew Morritt backed the band, saying the contract protected "the artistic integrity of the albums."

 

He ruled that 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."

 

The judge ordered EMI to pay the band's legal costs and said he would rule later on how much the company must pay in damages.

 

The judge also ruled on a second issue, the level of royalties paid to the band. That section of the judgment was made in private after EMI argued the information was covered by commercial confidentiality.

 

A spokesman for EMI said the company was considering its response to the ruling.

 

The band's spokesman said Pink Floyd had no comment.

 

Pink Floyd signed with EMI in 1967 and became one of its most lucrative acts, with its back catalog outsold only by The Beatles.

 

Online sales make up an increasing portion of music companies' profits, and are a growing area of dispute.

 

The surviving members of The Beatles have yet to agree a deal to allow their music to be sold online.

 

Hard-rock band AC/DC also has withheld its music from iTunes, saying the group is not interested in selling individual tracks.

 

~source - AP News~

[Rockposer]

I was wondering which way the ruling would go.

[chocularok]

Good for Pink Floyd...they should've won this. Fucking record companies...

[Jez]

If they own the songs and publishing rights and don't want their music to be downloaded individually, then it's their choce. God knows they earn enough money in royalties from album sales even to day. Good to see bands giving the to the record companies for once and taking control of THEIR music. AC/DC don't want the downloading thing either, so the same applies to them aswell.

[Evil Rick]

Unfortunately it's the mega-bands that are probably the only ones that can get away with it. Any small band I'm sure is still going to get stepped on and sucked dry by the corporate greed machine record labels.

 

Anyone else been hearing the ads on the radio talking about how the labels are asking Congress to raise the royalty fees for playing songs on the radio? It will more than double the current rates and it sounds like it has a good chance to pass, putting a bunch of stations out of business.

[LV KIX]

 

Anyone else been hearing the ads on the radio talking about how the labels are asking Congress to raise the royalty fees for playing songs on the radio? It will more than double the current rates and it sounds like it has a good chance to pass, putting a bunch of stations out of business.

 

Seriously though.... Radio really only caters to the industry promoted crap music that most record companies want played anyway. I NEVER listen to the radio anyway... how many people who listed to "our" genre do still listen to the radio? I'm sure the larger record companies will find a way to keep their artists on the airwaves. Today's record buying (ITune single song buying) customers are too easily influence by what is force feed to them through radio. I can't imagine larger record company cutting off what makes their crappy artist sell millions in the first place.

[Rockposer]

Unfortunately it's the mega-bands that are probably the only ones that can get away with it. Any small band I'm sure is still going to get stepped on and sucked dry by the corporate greed machine record labels.

 

Anyone else been hearing the ads on the radio talking about how the labels are asking Congress to raise the royalty fees for playing songs on the radio? It will more than double the current rates and it sounds like it has a good chance to pass, putting a bunch of stations out of business.

 

Well it's the threat that Pirate Radio has been living with for the last 12 monthsor so. Not only do the RIAA want to raise the fees, they want to do it retrospectivly too!!

 

Small & some large internet stations will not be able to afford theses rates and will cease to exist.

[Evil Rick]

Unfortunately it's the mega-bands that are probably the only ones that can get away with it. Any small band I'm sure is still going to get stepped on and sucked dry by the corporate greed machine record labels.

 

Anyone else been hearing the ads on the radio talking about how the labels are asking Congress to raise the royalty fees for playing songs on the radio? It will more than double the current rates and it sounds like it has a good chance to pass, putting a bunch of stations out of business.

 

Well it's the threat that Pirate Radio has been living with for the last 12 monthsor so. Not only do the RIAA want to raise the fees, they want to do it retrospectivly too!!

 

Small & some large internet stations will not be able to afford theses rates and will cease to exist.

Damn that sucks! Why can't those greedy suits just leave well enough alone?

[Nick C]

Good on 'em, it just shows major record companies up for what they are. They have no interest in the music, or the fans, or the bands they represent.....just the money and that's why they generally only sign predictable, manufactured, corporate shite these days that fits market demographics....bean counting, accountant wankers, bad as lawyers! Fuck 'em, the majors are on their way out with any luck.