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Tim Jonze
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Pink Floyd win high court battle to stop EMI selling singles
Mar 11th
Band objected to label providing downloads of individual songs from concept albums that were created as a single work
Pink Floyd have today won a high court battle to stop record company EMI selling single downloads from their concept albums.
The judge has yet to rule on how much EMI now owes the band but the label was ordered to pay Pink Floyd’s costs, which are estimated at £60,000.
Chancellor Sir Andrew Morritt accepted arguments by the group that EMI was bound by a contract forbidding it to sell its records other than as complete albums without written consent.
Pink Floyd alleged – and EMI agreed – that it had allowed online downloads from the albums and had allowed parts of tracks to be used as ringtones.
Pink Floyd are known for their conceptual albums in which individual songs often merge with others to form larger “song suites”. The band argued that their music should only ever be heard as part of the full-length albums in which they originally appeared. They pointed to a contract signed in 1999 that stated their music could not be “unbundled” from its original context.
EMI’s lawyers argued that this contract, which was signed before the emergence of digital music stores such as iTunes, referred to “records” and did not apply to online sales.
But the judge sided with the band, noting that the contract was designed to “preserve the artistic integrity of the albums”.
Lawyers said it was the first time such a dispute between artists and their record companies had been heard in private.
Pink Floyd were pioneers of the long player format, with their 1973 prog-rock classic The Dark Side of the Moon notching up 35m worldwide sales.
The ban signed with EMI in 1967 and became one of its most lucrative signings, their back catalogue being outsold only by that of The Beatles.
Roger Waters, who co-founded the band with Syd Barrett, Richard Wright and Nick Mason, has a fortune estimated at £85m, according to the Sunday Times Rich List. The band last played together at London’s Live 8 concert in 2005.