In 2007, Apple Computer and Apple Corps. said we can work it out, and settled their differences regarding the Apple trademark. Yet it took until Nov. 16 for Beatles music to make it into the iTunes Music Store run by Apple Inc. (formerly Apple Computer). The long and winding road of 33 years finally reached the end.
It started in 1978, when Apple Corps., a holding company owned by the Beatles, filed suit against Apple Computer claiming trademark infringement related to music on the computers. Although a huge settlement was speculated, David Gurwin, chair of the, Entertainment and Media Law Group at the law firm Buchanan Ingersoll & Rooney, told me it was revealed to be only $80,000. Apple Computer agreed not to enter the music business and Apple Corps. agreed it wouldn't enter the computer business.
All things must pass. As Apple Computer added MIDI music software, it became viewed as the musicians' computer, leading to another suit by Apple Corps. in 1989, alleging that Apple Computer violated the settlement by getting into the music business. In 1991, the companies settled again. According to Mr. Gurwin, Apple Corps. got the rights to the creative works and $26.5 million. Music hardware and tools rights went to Apple Computer.
Then in 2003, the lawsuits started over again when iTunes came out. The judge ruled in favor of Apple Computer; then Apple Corps. appealed. While on appeal, in 2007 a confidential agreement was reached. The Apple trademark rights went to Apple Computer, which promptly changed its name to Apple Inc. and Apple Corps. would get back a license to use the Apple name for the Apple label. Newspapers at the time estimated the settlement to be in the half-billion dollar range -- and the computer company was squarely in the music business.
With the 2007 settlement, almost everybody assumed that it won't be long until the Beatles catalog would be available on iTunes. The relationship was so acrimonious that it took three years before we finally get to buy Beatles downloads from iTunes.
But you still can't download Beatles tunes legally here, there and everywhere. At Walmart.com and Amazon, you can only buy Beatles music on CDs. You can download music from cover bands doing Beatles songs; and you can download rock and roll music by the Beatles featuring Tony Sheridan before they became the lovable mop tops we know. Spokespeople at both online retailers wouldn't comment on whether the Beatles big hits would be available any time at all.
What seems particularly silly to me is that we could buy Paul McCartney's "RAM" and "Red Rose Speedway," George Harrison's "All Things Must Pass," and Ringo's self-titled album from all three online stores via download -- and that you've been able to do it for quite some time. Pricing is something of a mystery in that most of these songs at Walmart.com cost $1.24, while hits, such as "My Sweet Lord" and "Photograph," are only 94 cents. Of course, at the iTunes Store, all the Beatles downloads are on a high-end of the range.
So if you haven't yet taken advantage of your right to copy your vinyl Beatles albums onto your iPod for your own personal use, you'll be glad all over that you can now buy the digital downloads legally -- from the company that has been at legal odds with the Beatles for three decades.
Maybe you'll be able to come and get it from another online source someday. Tomorrow never knows.
I hid Beatles titles in this column. Tweet them to me @dradin. I will reveal the answers.