Pink Floyd"s record deal with EMI before legal downloads existed stated that individual songs would not be sold without the band's permission. The band has argued that the same rule should be applicable to digital sales as well as CDs. In court, Chancellor Sir Andrew Morritt agreed with the band and pointed out that the contract contained a clause to "preserve the artistic integrity of the albums".
He briefed the contract meant 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". However, EMI has released a statement after the hearing, reports the BBC News.
It said: "Today's judgment does not require EMI to cease making Pink Floyd's catalogue available as single track downloads, and EMI continues to sell Pink Floyd's music digitally and in other formats. This litigation has been running for well over a year and most of its points have already been settled. This week's court hearing was around the interpretation of two contractual points, both linked to the digital sale of Pink Floyd's music. But there are further arguments to be heard on this and the case will go on for some time."
Meanwhile, Robert Howe QC, who represented the band, said the deal with EMI was supposed to keep their "seamless" albums intact. He said the group "wanted to retain artistic control". But Elizabeth Jones QC, appearing for EMI, disagreed, claiming the "record" in the band's contract "plainly applies to the physical thing - there is nothing to suggest it applies to online distribution".
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