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Pink Floyd sue EMI over download royalties (claiming they are an album band...)
Guardian UK ^ | Wednesday 10 March 2010 | Sean Michaels

Posted on 03/10/2010 1:41:48 PM PST by a fool in paradise

Pink Floyd are suing their record label EMI, claiming that it has no right to sell their songs except as part of full albums. According to a 1999 contract, tunes like Money and Another Brick in the Wall cannot be "unbundled" from the albums on which they appear; EMI alleges this does not apply to downloads.

"Pink Floyd [are] well-known for performing seamless pieces," said Robert Howe, the band's lawyer, at a High Court hearing yesterday. "Many of the songs blend into each other." To reflect this, Pink Floyd's renegotiated 1999 contract "expressly prohibits" EMI from selling songs out of context. And yet, Howe argues, EMI "[permit] individual tracks to be downloaded online and ... [therefore allow] albums not to be sold in their original configuration."

EMI's legal team dismissed this interpretation, saying the album stipulation applies only to physical releases like CDs and DVDs. "In 1999, when [the contract] was negotiated, iTunes didn't even exist," EMI lawyer Elizabeth Jones told BusinessWeek.

...Pink Floyd have been signed to EMI since 1967, issuing all of their albums through the label. It's been a lucrative career: The Dark Side of the Moon, released in 1973, is one of the all-time bestselling albums, and the group's back catalogue is second only to the Beatles in worldwide sales....

(Excerpt) Read more at guardian.co.uk ...


TOPICS: Astronomy; Business/Economy; Music/Entertainment
KEYWORDS: music; musicdownloads; pinkfloyd; rockmusic
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1 posted on 03/10/2010 1:41:48 PM PST by a fool in paradise
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To: a fool in paradise

Another brick in the wall


2 posted on 03/10/2010 1:43:11 PM PST by norraad ("What light!">Blues Brothers)
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To: 537cant be wrong; Aeronaut; bassmaner; Bella_Bru; Big Guy and Rusty 99; Brian Allen; cgk; ...
According to a 1999 contract, tunes like Money and Another Brick in the Wall cannot be "unbundled" from the albums on which they appear

Except when they appear on best of albums, in boxed sets, etc.

The band (and band members) have long taken to breaking up these compositions by song and jetisoning much of the albums when they go on tour.

3 posted on 03/10/2010 1:43:41 PM PST by a fool in paradise
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To: a fool in paradise

Don’t mess with the Floyd!


4 posted on 03/10/2010 1:44:52 PM PST by TigersEye (It's the Marxism, stupid! ... And they call themselves Progressives.)
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To: norraad

Wonder how this affects Pink Floyd songs rerecorded by other artists.


5 posted on 03/10/2010 1:45:35 PM PST by a fool in paradise
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To: a fool in paradise
I waw just thinkin' that!

Lot's of interesting reditions out there.

6 posted on 03/10/2010 1:46:37 PM PST by norraad ("What light!">Blues Brothers)
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To: TigersEye

“That geezer is cruisin’ for a bruisin’”


7 posted on 03/10/2010 1:47:07 PM PST by dfwgator
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To: a fool in paradise

We keep hearing that intellectual property law is supposed to protect the “creators” of art and science, but of late it only seems to protect commercial interests which produce copies of what others created. I think Pink Floyd is short-sighted from a purely financial point of view in taking this position, but sacrificing money for artistic integrity is the artist’s right (or in this case artists’ right), so I hope they win.


8 posted on 03/10/2010 1:47:23 PM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: TigersEye

"Represent!"

9 posted on 03/10/2010 1:47:44 PM PST by a fool in paradise
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To: The_Reader_David

Roger Waters and David Gilmour can’t even agree on artistic integrity. The other members aren’t equal share members of the latter Floyd albums and Rog has to laugh that Gilmour’s wife wrote songs at the end (said it was so Spinal Tap).


10 posted on 03/10/2010 1:49:01 PM PST by a fool in paradise
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To: a fool in paradise

Oh man..LOL


11 posted on 03/10/2010 1:49:50 PM PST by eyedigress ((Old storm chaser from the west)?)
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To: norraad
The more they keep their singles out of the marketplace (and these songs WERE released as singles and still play on the radio that way today), the more of a Floyd Void they leave to be filled by sound-alikes and alternative arrangements.
12 posted on 03/10/2010 1:50:27 PM PST by a fool in paradise
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To: a fool in paradise

Except.... the songs were played on the radio for decades with no action against them.

Next.


13 posted on 03/10/2010 1:52:07 PM PST by Berlin_Freeper
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To: Berlin_Freeper

It was a renegotiated contract 30 years after the fact. When they found their artistic vision I guess.


14 posted on 03/10/2010 1:53:14 PM PST by a fool in paradise
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To: a fool in paradise
Haaaaaa! That's excellent. Love 'em both.

Da Floyds.

15 posted on 03/10/2010 1:55:22 PM PST by TigersEye (It's the Marxism, stupid! ... And they call themselves Progressives.)
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To: dfwgator

“There is no dark side of the moon. It’s all dark.”


16 posted on 03/10/2010 1:56:44 PM PST by TigersEye (It's the Marxism, stupid! ... And they call themselves Progressives.)
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To: a fool in paradise
In 1999, when [the contract] was negotiated, iTunes didn't even exist," EMI lawyer Elizabeth Jones told BusinessWeek

When the copyright law was written, computers didn't even exist, yet copyright law has been found to protect IP on electronic media.

17 posted on 03/10/2010 1:56:49 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: a fool in paradise

Roger Waters is one of the biggest idiots in show biz


18 posted on 03/10/2010 1:58:15 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: Berlin_Freeper
"Except.... the songs were played on the radio for decades with no action against them. "

Songs played on the radio are not sales, nor are they recordings.

19 posted on 03/10/2010 1:59:28 PM PST by spunkets
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To: a fool in paradise

I’m a real believer in intellectual property rights, so I’m on the side of PF. I’m also think that those kids who sang on The Wall should be paid already. PF members seem to be really garbage human beings. Bob


20 posted on 03/10/2010 1:59:49 PM PST by alstewartfan (I "The uninvited guest is breaking up the feast!" Al Stewart)
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