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The Beatles:Can' t Buy Me Copyright
After years of bitter litigation, it looks as if both apples are now ready to be sold from the same cart. Rumours suggest the Beatles are finally coming to iTunes, with an announcement widely expected to take place today.
The band is one of the last major artists to hold out from making their music available through iTunes, and many pro-downloading campaigners have argued this approach has led to widespread filesharing of the Fab Four’s songs.
With today’s worldwide re-release of the digitally-remastered Beatles’ back catalogue coinciding with a press conference for what Apple have described as a “music-focused media event” and the release of the new “Beatles Rock Band” game, many are speculating some of the most iconic music of the 20th century may now finally find its way online.
Steve Kuncewicz, IP and media lawyer at law firm Ralli in Manchester, had this comment:
“Many music fans and media lawyers thought the Beatles’ songs would never end up being sold through iTunes, and with a very good reason.
“Apple Inc and Apple Corps, the Beatles record label, have had a fraught relationship over the years which led to a very long-running court case over Apple Inc’s use of the Apple branding. Legend has it George Harrison came across an advertisement for Apple Computers and asked who was using their logo, which led to Apple Corps suing for trademark infringement in 1978, with the case eventually settling in 1981 after the two sides reached an agreement.
“This lasted until Apple Inc added music software to their computers in the early 90s, which led Apple Corps to sue again.
“iTunes and the iPod reignited tensions between the two via a claim for breach of contract. Apple Corps lost this case on the basis iTunes merely distributed music rather than created it. Apple Corps were then set to appeal the judgment before the ongoing trademark claim was settled in 2007, with Apple Computers now owning the Apple trademarks and licensing them back to Apple Corps. This fuelled speculation in 2008 that Sir Paul McCartney had brokered a deal which would see the Beatles catalogue sold via iTunes for a rumoured $400million, although Apple Computers denied it, with discussions apparently reaching an impasse late last year.
“Both sides clearly recognise there is a vast amount of money to be made through selling the music of arguably the most popular and influential band of all time via iTunes. No-one could have foreseen iTunes popularity when it launched and selling the Beatles music through the platform will allow them to reach a whole new audience and for them to make royalties through licensing the copyright for years to come. As far as the trademark case was concerned, both sides stand to make a serious amount of money.
“A deal would allow the surviving Beatles to severely curtail the need for their fans to download their music illegally. If their songs become available for legal download through Apple, then we may see their lawyers clamping down on illegal sites which host their music to ensure the value in the back catalogue is protected. It’s no coincidence the rumoured digital release is coming as the band’s early releases are nearing the end of their protection by copyright. Following this timeline, the copyright in 1962’s “Love Me Do” will expire in 2012. Moves are being made to extend this period, mainly after calls from musicians who made their name in the late 50s and early 60s they should be able to make an income from their music via the huge number of new methods which have become available over the past 20 or so years.
“What this goes to show is exactly how valuable the Beatles are as a brand, even 45 years after they first came to prominence. The deal to use their songs in the new Beatles Rock Band game shows not only is this the case, but that older artists could well see their music now finding a similar new lease of life as new technologies and methods of exploiting the copyright and related rights in their music and image become available.”