Tone Deaf reported earlier this week on a case brought by Pink Floyd against their record label in London’s High Court. The band were after EMI because the label had been selling single songs off the band’s albums through iTunes.
Pink Floyd argued that their contract, signed in 1998 – long before downloading became commonplace – specified that the label could only sell their stoner records in full. The Floyd argued that this was necessary to preserve the artistic vision of the record.
EMI argued that the contract specified ‘records’ and thus the clause only applied to vinyl and CDs. Well, the judge in the case has ruled against EMI in favour of the Floyd, in a case which will see lawyers for bands scarpering to sue labels for more royalties, and labels hurriedly trying to renegotiate existing contracts.
The judge, Chancellor Sir Andrew Morritt, ruled that EMI were “not entitled to exploit recording by online distribution or by any other means other than the original album, without the consent of Pink Floyd”. He also slapped EMI with £40,000 in costs, yet another bill the stricken label can’t afford.
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