Pink Floyd launch legal action against EMI over royalties

By Lewis Bazley.

Rock legends Pink Floyd have begun a high court action against their record company EMI over the calculation of online royalty payments and the marketing of their music.

The Dark Side of the Moon band, signed to EMI since 1967, want clarification of their contract with the record label, especially in the field of online music sales.

The band's contract with EMI was last renegotiated in 1998, when online music sales represented a miniscule proportion of industry revenue, rather than the significant market share they now hold.

Pink Floyd, who did not appear at the first hearing, are also seeking a court ruling to prevent EMI from selling tracks individually online from the band's original albums.

"It is a matter of fact that the defendant has been permitting individual tracks to be downloaded online and that therefore they have been allowing albums not to be sold in their original configuration," Roger Howe QC, representing Pink Floyd, said.

"Pink Floyd is well-known for performing seamless pieces. Many of the songs blend into each
other."

Elizabeth Jones, for EMI, told Sir Andrew Morritt, Chancellor of the high court, that the restrictions in the band's contract referred only to physical sales of Pink Floyd's music, as opposed to online.

"In 1999, when it was negotiated, iTunes didn't exist," Ms Jones was quoted by the Financial Times as saying. "I can't say it's obvious from the agreement what the commercial intent of the parties was. I'm sure the claimants would have liked to protect their records and EMI would have liked to have had full control."

Mr Howe, however, argued said approach "makes no commercial sense" and contradicts terms in agreements signed by both parties.

The case continues.