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EMI Loses the Case Against Pink Floyd; What Happens Next?

Thursday, March 11, 2010
by  presnikoff

What a wretched week for EMI.  The latest bad news comes from London, where Pink Floyd has now won its court case against the label.  A High Court judge ruled that EMI indeed violated its artist contract by offering unbundled, a-la-carte songs from the band. 

That also includes related formats like ringtones.  According to the opinion, a bundling clause was designed to "preserve the artistic integrity of the albums," a concern for the album-concept group.  It also appears that Pink Floyd has triumphed on various royalty concerns, though details on those aspects remain sealed.

The next steps are complicated.  In almost all cases, Apple demands the sale of individual songs downloads on the iTunes Store, a stance that could force the removal of Floyd.  But EMI offered a completely different take, telling the Wall Street Journal that a-la-carte offerings would continue.  "Contrary to some media reports, today's judgment does not require EMI to cease making Pink Floyd's catalog available as single track downloads, and EMI continues to sell Pink Floyd's music digitally and in other formats," the label stated.

So what does it require?  The wrinkles are likely to emerge over the next few days.  Beyond that, Pink Floyd is rumored to be angling to exit from EMI, by negotiation or a more forceful process.



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