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PINK FLOYD WINS WEB MUSIC BAN

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HIGH COURT RULING: Pink Floyd

Friday March 12,2010

ROCK giants Pink Floyd yesterday won a landmark ruling at the High Court which will bar record company EMI selling single downloads from their concept albums.

Pink Floyd was apparently successful over a challenge on the level of royalties paid by EMI - but this part of the judgment was held in secret.

Judge Sir Andrew Morritt accepted arguments by the group that EMI was bound by a contract forbidding it to sell its records other than as complete albums without written consent. He said the purpose of a clause in the contract was to "preserve the artistic integrity of the albums".

Pink Floyd alleged, and EMI agreed, that it had allowed downloads from the albums and had allowed parts of tracks to be used as ringtones.

The record company had argued that the contract related only to records and not to online distribution.

Sir Andrew granted the band the declaration they sought - that the contract means EMI is not entitled to exploit recordings by online distribution or by any other means other than the complete original album without Pink Floyd's consent.

EMI was ordered to pay Pink Floyd's costs of the case, estimated at £60,000, and refused the company permission to appeal.


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