The availability of The Beatles’ back catalogue on Apple’s iTunes online store from Tuesday is the latest development in legal wrangling that has spanned the past three decades. It all started with a trade mark battle between Apple Corps (founded in 1968 by The Beatles’ to release their music) and Apple Computers.

 The dispute centred on the use of the “Apple” brand, with a deal being reached in 1981 permitting Apple Computers to use the name in the computer business only. A new deal was agreed in 1991 giving Apple Corps the exclusive right to use the “Apple” brand in the music industry. However, the expansion of Apple’s iTunes store offering downloadable music brought the parties into conflict again culminating in a 2006 court case which centred on the 1991 agreement. The Beatles’ publisher, EMI, made a decision at the start of proceedings in 2003 not to sell any of The Beatle’s music with online retailers. A let-up in the dispute in 2007 marked the start of negotiations between the parties which resulted in the agreement announced Tuesday.

Many people will think that iTunes contains a seemingly complete library of songs for sale – a bit like popping into an online HMV - however this is not the case. The agreement to make the back catalogue available shows that iTunes may only offer for sale music that the copyright holder of the song has licensed, or consented to being available.

This development really does highlight the power of the copyright owner, and indeed the value of being a copyright owner, given the revenue which will now flow from the sale of The Beatles music on iTunes - Sunday night’s singles chart could have an unusual look to it, with The Beatles’ tracks expected to surge into the top ten.....will you be buying? For more information on Withy King visit www.withyking.co.uk