Wednesday, June 30, 2010

Pink Floyd stops EMI from cutting up albums online

By Stephen Adams, Arts Correspondent 145PM GMT eleven March 2010

Previous of Images Next (L to R) British stone stars, Dave Gilmour, Roger Waters, Nick Mason and Rick Wright of Pink Floyd Pink Floyd take on EMI in justice conflict over royalties (L to R) British stone stars, Dave Gilmour, Roger Waters, Nick Mason and Rick Wright of Pink Floyd Photo REUTERS Pink Floyd Argentina Pink Floyd"s behind catalog is outsold usually by that of the Beatles Photo GETTY

Band members took the jot down tag to justice on Tuesday arguing it had damaged a 1999 contract.

Lawyers for Pink Floyd had argued that a proviso in the stipulate "expressly prohibits the sale of albums in any pattern alternative than the strange configuration".

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Robert Howe, QC, for Pink Floyd, had pronounced this practical to all recordings together with those distributed online. He pronounced the rope had longed for to say inventive carry out over their "seamless" albums, in all formats.

Elizabeth Jones, QC, for EMI, had argued the anathema was singular to earthy records.

On Thursday Sir Andrew, Chancellor of the High Court, concluded with Mr Howe, and postulated Pink Floyd the stipulation they sought.

It prevents EMI from permitting the band"s albums together with Dark Side of the Moon and The Wall from being chopped up for sale as particular lane downloads, a routine well known as "unbundling".

The Pink Floyd box is thought to be the initial time a rope has succeeded in obtaining a justice statute preventing a tag from offered the albums as particular online tracks.

Sir Andrew pronounced the role of the proviso was to "preserve the inventive firmness of the albums".

iTunes was still offered particular marks from Pink Floyd"s albums on the UK site at lunchtime on Thursday.

Songs such as Money that includes the wise line "Grab that money with both hands and have a stash" and Another Brick in the Wall Part II, were still offered for 99p apiece.

Mobile phone ring tones formed on the band"s hits were additionally accessible elsewhere on the internet, with one site, What"s on TV ring tones, offered an Another Brick in the Wall ringtone for �3.50.

Pink Floyd additionally appears to have won a plea on the volume of royalties that rope members embrace from online sales, that could move them in millions more.

However, the evidence and settlement on this issue were hold in in isolation at EMI"s request, on the drift of blurb confidentiality.

It is believed to be the initial time a royalties brawl in in between artists and their jot down association has been hold in private, incompatible the media and public.

Pink Floyd sealed with EMI in 1967 and became one of the majority remunerative signings, their behind catalog being outsold usually by that of The Beatles.

Stuart Dredge of Music Ally, a digital low-pitched consultancy, pronounced he was unknowingly of any alternative box in that a rope had taken their recording association to justice to forestall unbundling.

Such a direct causes problems for jot down companies since iTunes, by far the greatest online song retailer, prefers artists to concede their albums to be sole as particular tracks.

Mr Dredge pronounced there were mostly "informal arrangements" in in between bands and their labels when the artists did not wish their albums to be sole as singles.

For example, AC/DC"s albums were not accessible on iTunes for that reason, he said.

Radiohead quickly refused to concede the song to be sole on iTunes since it against unbundling for inventive reasons. However, the rope members altered their minds in 2008.

While Mr Dredge did not think the Pink Floyd statute would set a fashion as it merely simplified a point of the stipulate with EMI he thought some-more disputes could movement as a outcome of the case.

"It will be a box of everybody going behind to their contracts and checking the small print," he said.