Pink Floyd challenge EMI over single track sales

The High Court today heard the first part of what is likely to be a lengthy legal battle by prog rock group Pink Floyd, the results of which could have far-reaching consequences for online music publishing.

The venerable band are taking EMI to court and want a ruling on whether the label, to which they first signed in 1967, is within its rights to sell their tracks individually, as opposed to selling them as part of an album.

The court action also concerns the way EMI calculates the bands online royalties, but the interesting part is the issue of single track sales. The group's counsel, Robert Howe QC, told the court the veteran band's contract ''expressly prohibited'' what he referred to as ''unbundling'' - selling tracks ''other than in their original configuration''.

Howe said EMI had argued that the clause ''applies only to the physical product and doesn't apply online'' – an interpretation of the contract, he says, that "makes no commercial sense".

Music fans will not be on tenterhooks to learn if the band are facing penury as a result of EMI's interpretation of the law: one estimate says guitarist David Gilmour is worth £60m. But the issue of selling tracks singly is important - a prohibition could drastically affect online music sales. ·