American website, BlueBeat, has continued to sell MP3 files of every single Beatles track from 25 cents (15p), all day today, even though The Telegraph has revealed the group’s record label, EMI, has launched an urgent investigation into the unauthorised sale.

 

The site has also continued to stream each of the group’s albums, including the recently released remastered versions, in their entirety, free of charge.

 

EMI and Apple Corps, The Beatles’ own company, have never released digital versions of the songs and fiercely protected the back catalogue against any attempts to do so.

 

An EMI spokesman told The Telegraph today that the company were still looking into the situation and it will take “a little while” before anything changes. It is believed no legal proceedings have been launched yet.

 

With tracks going for 15p on BlueBeat.com and full albums, such as Abbey Road, for $4.25 (£2.60), consumers who have cashed in on the unusual situation, have made major savings. Each track is approximately five times cheaper than the current UK iTunes singles rate.

 

Stuart Dredge, editor of music industry blog, Music Ally, thinks the situation is very strange. “BlueBeat is one the first download stores in the West to sell unlicensed downloads. Usually it’s the pirate sites that behave like this and there have also been some similar issues with Russian and Lithuanian sites.

 

“But it is really strange for what had been a legal and commercial site to behave like this and get away with it for this long,” he explained.

 

Mr Dredge first became aware of the illegal sale and free streaming of the Beatles’ tracks last Thursday (October 29). He expects EMI and Apple Corps to sue if BlueBeat continues.

 

“I was expecting lawsuits to be hitting them by now – but that will probably come,” he said. “It all could just be a publicity stunt to get BlueBeat some attention.”

 

Executives at BlueBeat.com, which is owned by Media Rights Technologies, have not returned calls or emails today.

 

Source: Daily Telegraph

15:52 GMT, Wednesday, 4 November 2009

BBC Entertainment News

EMI sues Beatles download website

 

Record company EMI is suing a US website which it says is offering unauthorised downloads of Beatles hits.

 

A spokesperson told BBC News that EMI had "not authorised content to be sold" on Bluebeat.com, which sells tracks for 25 cents (15p each).

Remastered Beatles albums, released in September, are among those for sale.

 

Last November, Sir Paul McCartney said he wanted The Beatles' catalogue to appear on Apple's iTunes store, but that negotiations had "stalled".

 

'Sticking points'

 

Tracks on Bluebeat.com - which also features songs by other major artists including Robbie Williams and The Rolling Stones - are on sale for significantly less than other music download sites.

Songs in the UK iTunes store cost 79p.

 

Bluebeat.com also streams songs - including those by The Beatles - enabling fans to listen to tracks for free.

Now EMI has filed a copyright infringement suit in the US.

 

The Beatles are one of only a few major acts not to have signed up to sell their songs online.

Before that happens, EMI - which owns Beatles recordings - must agree a deal with Apple Corps, the company set up by the band to look after their catalogue.

"We'd like to do it," Sir Paul told BBC News last November.

"We are very for it, we've been pushing it. But there are a couple of sticking points, I understand."

He added: "EMI want something we're not prepared to give 'em.

"It's between EMI and The Beatles I think - what else is new?"

 

Trademark dispute

 

EMI said at the time it had been "working hard to secure agreement with Apple Corps to make the Beatles' legendary recording catalogue available to fans in digital form".

"Unfortunately, the various parties involved have been unable to reach agreement but we really hope everyone can make progress soon," a spokesperson said.

There had been hopes that Beatles songs would become available after Apple Inc - which owns iTunes - ended a trademark dispute with Apple Corps in 2007.

 

Meanwhile, EMI and Apple Corps have announced they will be releasing a limited edition apple-shaped USB drive containing all 14 of the remastered Beatles albums as well as artwork, documentaries and other extras.

On 7 December, 30,000 of the drives will go on sale for £200 each.

Discounting the audio files used in The Beatles: Rock Band video game, it will be the first time the Liverpool quartet's music has been sold as computer files.

Beatles tracks pulled off US site

 

EMI Music has won an injunction against a US website which it said was selling Beatles songs without permission.

 

A Los Angeles judge issued the order against Bluebeat.com, banning it from streaming or selling tracks by the band and other EMI artists.

 

Bluebeat said it was selling only re-recorded versions of the songs, but the judge ruled it had not provided reliable evidence to back up the claim.

 

The Beatles are one of only a few major acts not to sell their songs online.

 

EMI filed the legal action against BlueBeat earlier this week after it became aware the company was offering unauthorised downloads of Beatles tracks, for 25 cents (15p) each.

 

It also noted many of the songs on the site had never been licensed for sale or replay online.

 

Copyright loophole

 

Bluebeat's owner, Hank Risan, has claimed he does not need to license the music as the service is selling re-recorded versions of the songs using a technology called "psycho-acoustic simulation".

 

He argues it enables him to sell music that sounds identical to recordings, making it exempt under a section of the Copyright Act which applies to recordings that "imitate or simulate those in the copyrighted sound recording".

 

Music by tribute bands are typically covered by this section of the law - for example, a Beatles tribute act would not be guilty of violating recording copyright, however they would still be required to pay publishing royalties on any songs they recorded.

 

A court date has been set for 20 November when arguments will be heard from both sides.

 

EMI - which owns Beatles recordings - has been in protracted negotiations with Apple Corps, the company set up by the band to look after their catalogue, to agree a deal to sell their songs online.

 

An EMI spokesperson told the BBC: "Discussions between EMI and Apple Corps continue. EMI would love to see The Beatles' music available in digital stores."

 

Source: BBC News