Daily Archives: May 13, 2006

Apple Vs Apple!

Regarding the ownership issue, there are two different kinds of ownership related to the Beatles’ music. Apple Corps and EMI Music own the master recordings and have what are referred to as “performing rights.” They control how these recordings – the Beatles performing the Beatles songs – are used. They get all proceeds from the sale of Beatles CDs and would also profit from Beatles songs sold online should that happen.

Michael Jackson’s ownership is in the publishing rights for the Beatles catalog (or actually just a portion thereof). Publishing rights basically means the control of the sheet music. Anyone who prints lyrics to Beatles songs, plays a Beatles song on the radio or does a cover of a Beatles tune pays the owner of the publishing rights (who then also have to kick back a certain amount to the owner of the performing rights).

So what does Jacko actually own? The Beatles original publishing company back in the day was a company called Northern Songs. That company was purchased by ATV in 1969. Michael Jackson acquired the Beatles songs when he bought ATV in 1985. In 1995, Jackson merged ATV with Sony’s publishing business creating a new firm, Sony/ATV Music Publishing and reducing his actual stake in the Beatles songs to about 50% (still worth about $500 million). Sony/ATV owns about 4,000 songs in total including some from Bob Dylan, Joni Mitchell and Stevie Nicks but the 200 or so Beatles tunes represent two-thirds of Sony/ATV’s profit.

Given Michael Jackson’s financial problems lately, he is in the process of restructuring his finances. Rumors suggest that will include selling off half his share in Sony/ATV. Sony is known to be assisting him with his restructuring because they want first dibs on Jackson‘s share of Sony/ATV if it gets sold given how profitable it is.

This case is not as frivolous as you seem to think. The Beatles formed Apple Corps in 1968 well before Jobs & Wozniak formed Apple Computer in 1976. Trademarks are there to allow a business to exist clearly separate in the minds of the public from other businesses. For example if you started a company called “Madhatter Records” today and it became remarkably successful and I later started a business called “Madderhatter’s Music”, I bet you would be pissed. And rightfully so.

Apple Corps originally sued Apple Computer and they settled out of court and Apple Computer promised at that time not to get into any part of the music business so that the public would not be confused about two companies named Apple existing in the same industry.

Apple Corps sued Apple Computer again in 1989 after Apple started selling music software and again they settled out of court with Apple Computer paying $26 million and agreeing to not use the word Apple on music related products. This most recent lawsuit is Apple Corps’ response to Apple Computer’s iTunes.

When the Beatles and Steve Jobs somehow both decided to call their companies Apple, someone would inevitably be singing the song “I’m a Loser.” In a court battle over whether iPods and iTunes will still be allowed to carry an Apple logo, a British judge ruled that Apple Computer has a store and a music player and does not publish music by its own artists, and the music itself doesn’t have Apple logos on it, so there’s no harm, no foul.

Taking a conciliatory tone toward Apple Corps, the Beatles’ company, Apple CEO Steve Jobs held out the olive branch:

“We have always loved The Beatles, and hopefully we can now work together to get them on the iTunes Music Store.”

But former Beatles roadie and now Apple Corps manager Neil Aspinall was obviously not happy with the decision:

“With great respect to the trial judge, we consider he has reached the wrong conclusion…We will accordingly be filing an appeal…”

Apple wins iTunes pricing battle

Four largest record companies defeated in behind-the-scenes battle to charge different prices for songs; downloads still 99 cents, paper says.

NEW YORK (CNNMoney.com) – Apple Computer said that it has renewed contracts with the four largest record companies, ensuring that songs will still be sold at 99 cents each, according to a news report Tuesday.

The record companies had been pushing Apple to allow different pricing for tracks, especially the ability to charge higher prices for new material from top-selling artists, said the Financial Times.

The companies – Universal, Warner Music (Research), EMI and Sony BMG – were forced to accept Apple CEO Steve Jobs’ pricing because the iTunes music store has so much influence over the U.S. download market, the report said. The iTunes music store accounts for 80 percent of paid downloads.

The newspaper says that some labels were considering signing short-term contracts with Apple now and then bringing up the issue again in the near future.

Online music sales increased 194 percent last year to 352 million units, according to the report.

It seems that in the face of music piracy, record companies are left with little choice…and an even lesser margin of bargain.