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Beatles and Record Label Reach Pact and End Suit

Beatles and Record Label Reach Pact and End Suit
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November 10, 1989, Section C, Page 4Buy Reprints
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The Beatles and their record label, EMI-Capitol, have reached an agreement that is to end 10 years of legal wrangling between the group and EMI Music Worldwide. The agreement was reached out of court, and one provision is that neither side can discuss the terms publicly. The settlement clears the way for the release of some previously unissued Beatles recordings and videotapes.

''All I can say is that we have reached a global settlement of all the outstanding issues between the parties,'' said Leonard Marks of Gold, Farrell & Marks, the New York law firm that represents the Beatles, Apple Records and Apple Corps Ltd. of London, the holding companies that control the rights to the group's recordings and other creative material. ''Beyond that, I am unable to comment,'' Mr. Marks said. $80 Million Was Sought The Beatles were seeking $80 million in their various suits against EMI, and a source familiar with the musicians' business affairs suggested that the company agreed to make a substantial payment to the former members of the group -George Harrison, Paul McCartney and Ringo Starr, with Yoko Ono representing her husband, John Lennon - and to Apple.

The Beatles first filed suit against EMI and its American arm, Capitol Records, in 1979, alleging fraud and underpayment of royalties. At the time, the group was seeking $50 million. In 1986, the Beatles and Apple filed suit against EMI when the record company allowed the British distributor of Heineken beer to issue a cassette of Beatles hits (including an otherwise unavailable version of the 1965 song ''Yes It Is'') as part of a promotion; and in 1987, when the Beatles' recording of ''Revolution'' was used in a Nike sneaker commercial, Apple sued EMI, Nike and Wieden & Kennedy Advertising for unauthorized use of the recording.

Also in 1987, the Beatles and Apple sued EMI over the release of the group's albums on compact disk, alleging that the record company withheld the CD's in order to force a settlement of the earlier suits, and that there were improprieties in the royalty rate the company was paying. Unreleased Songs for BBC

Both Ringo Starr and Paul McCartney said during their visits to New York this summer, however, that when the suits were settled, some previously unreleased Beatles material would be released. One project said to be on the boards is a compilation of selections from the group's BBC radio performances. Between 1962 and 1965, the band played regularly on the BBC's pop programs, and recorded more than 30 songs for the BBC that they never commercially recorded or released. Only one (''I'll Be on My Way'') was a Lennon-McCartney original; the rest were early rock classics by the likes of Chuck Berry, Carl Perkins and Arthur Alexander.

Also said to be in the works is a videotape of the Beatles' performance at Shea Stadium on Aug. 15, 1965, and an official film history of the group, called ''The Long and Winding Road.'' There may also be home video compilations of the promotional clips the group prepared between 1964 and 1969.

A version of this article appears in print on  , Section C, Page 4 of the National edition with the headline: Beatles and Record Label Reach Pact and End Suit. Order Reprints | Today’s Paper | Subscribe

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