What was the reason The Beatles were not available on iTunes?

When The Beatles made their deal with EMI in 1962, Steve Jobs was just a child of about seven years old. Neither EMI nor Jobs could have foreseen that decades later, they'd be at odds over the concept of playing The Beatles' entire catalog on a compact, portable device you could easily carry in your pocket.

In the mid-1960s, The Beatles experienced a meteoric rise, releasing eight albums and achieving several chart-topping hits within five years. Along the way, they learned both the thrills and challenges of the music business. By 1968, they launched their own company, Apple Corps (a name pronounced like 'apple core'). Fast forward four decades and 24 albums later, and Apple Corps and EMI are still key players in managing the rights to distribute The Beatles' recordings.

Steve Jobs also achieved remarkable success when he co-founded Apple Computer in 1976. The company expanded rapidly through the 1980s, eventually establishing itself as one of the largest and most innovative tech companies in the world. Today, Apple offers iTunes, a platform where users can purchase music and download it directly to their computers, which can then be transferred to their Apple iPods.

For years, The Beatles' music was noticeably missing from the iTunes Store. Apple frequently clashed with Apple Corps long before the launch of iTunes. Each time Apple introduced new products, there were rumors suggesting the two sides had resolved their disputes and The Beatles' catalog would soon appear on iTunes. On November 16, 2010, Apple confirmed that The Beatles would indeed be available on iTunes [source: Ogg].

Keep reading to uncover the details of Apple's rocky history with Apple Corps, EMI, and the artists who remain wary of iTunes and downloadable media.

The Beatles Brand and Apple Corps

In 1962, Brian Epstein was managing a band called The Beatles, who were gaining popularity while performing in jazz clubs across England. Epstein approached several recording companies in hopes of securing a major contract. While EMI initially rejected The Beatles, George Martin made an enticing offer for the group to sign with EMI's smaller label, Parlophone Records.

The following months were filled with tension, including the dismissal of the popular drummer Pete Best, and The Beatles' transformation into recording artists. With the help of Martin and EMI/Parlophone, George Harrison, John Lennon, Paul McCartney, and Ringo Starr soared to international fame. The first wave of "Beatlemania" lasted until 1966, following the release of nearly two albums per year and an intense touring schedule.

Harrison referred to Epstein's passing in 1967 as the "end of a chapter" in the history of The Beatles (source: Davies). The band entered a new phase marked by spiritual exploration, drug experimentation, and some of their most iconic music. The Beatles also established Apple Corps, an organization that allowed them more control over their earnings.

Formed in 1968, Apple Corps Ltd. included the recording label Apple Records. Apple Records shared credit with EMI, Parlophone, and Capitol Records for the 1968 album "The Beatles," known by fans as the White album, as well as the 1969 album "Abbey Road." Meanwhile, Apple Records independently released "Yellow Submarine" in 1969 and "Let It Be" in 1970.

Apple Corps continues to hold the licensing rights to The Beatles' music and brand. The company is jointly owned by former Beatles McCartney and Starr, alongside the estates of Lennon and Harrison. Neil Aspinall, a close friend of the band, managed Apple Corps until his retirement in 2007.

Apple Corps expanded into other industries like film production and music publishing, though its ventures in these areas had mixed results. The company's most notable endeavors have been its legal battles. Since the 1970s, Apple Corps has frequently sued EMI and Capitol Records for unpaid royalties owed to The Beatles. It has also had several legal disputes with Apple Computer (now Apple Inc.) over trademark violations and past court agreements.

Now led by CEO Jeff Jones, a former VP at Sony/BMG, Apple Corps continues to keep The Beatles' legacy alive. On September 9, 2009, the company authorized the release of The Beatles' remastered catalog and the video game "The Beatles: Rock Band." In the same year, Apple Corps also struck a deal with Disney to produce a 3-D version of the 1968 film "Yellow Submarine."

The History of Apple v. Apple

In the early 1980s, the primary methods for purchasing music were through LPs, 8-track tapes, or cassette tapes. It would take years before computers and media centers merged. When The Beatles' company, Apple Corps, sued the rising Apple Computer in 1981, it seemed likely the computer company would refrain from entering the music industry. Instead, the two companies reached an agreement to share the trademark in separate markets: Apple Corps would operate in the music industry, and Apple Computer would focus on the computer industry.

When Apple began developing computers that could produce sounds, the company realized that its 1981 agreement needed to be revisited. Attempts to renegotiate in 1987-88 proved unsuccessful, and Apple went on to release its first computers equipped with Musical Digital Interface (MIDI) in 1989. Apple Corps quickly responded, claiming a breach of the 1981 settlement. After another round of litigation, Apple Corps and Apple Computer reached a new agreement in 1991, with the terms remaining undisclosed.

In 2003, Apple Computer launched iTunes, sparking a major stir in the music industry. With iTunes, Apple allowed customers to purchase individual tracks and download them to their devices, including iPods. At a time when Internet music sharing was generating increasing legal controversy, Apple was rapidly reshaping the downloadable media landscape. This shift forced record companies and artists to decide whether to embrace or oppose this new method of distributing music.

Once again, Apple Corps stepped in, arguing that the launch of iTunes violated their trademark agreement. Meanwhile, Apple Corps was also dealing with other legal matters, including fighting EMI over unpaid royalties for Beatles releases in the 1990s. In 2007, Apple Corps reached a settlement in both cases, including completely revising their trademark agreement with Apple, Inc.

Neil Aspinall, the manager of Apple Corps, who was soon to retire, remarked about the 2007 settlement, stating, "It’s great to put this dispute behind us and move on" (source: Apple Inc.). Both Apple fans and iTunes customers were relieved, hoping it meant that The Beatles' catalog would finally be available on the iTunes store. However, it took additional time to finalize a deal.

What did it take to bring the Beatles to iTunes?

In 1968, John Lennon described Apple Corps as "a thing that's free, where people can come and do and record" (source: Rose). Bruce Spizer, the author of "The Beatles on Apple Records," believes that what Apple Inc. achieved with iTunes mirrors what The Beatles envisioned for Apple Corps back in 1968.

In 2008, Paul McCartney, a former Beatle and solo artist, shared his hope: "I really hope it will happen because I think it should" (source: Sandoval). McCartney’s solo albums, as well as those of his former bandmates—Ringo Starr, George Harrison, and John Lennon—are available on iTunes.

Anticipation was high in 2007 when EMI announced that it had resolved a licensing issue with The Beatles. That year, EMI also signed an agreement with Apple Inc. to offer its music on iTunes as premium, DRM-free downloads, which were of higher quality and free from copy protection. However, EMI also revealed that The Beatles' catalog would not be included among these downloads, or any of the EMI catalog.

So, what caused the delay? The exact reason remains unclear. McCartney mentioned in November 2008 that negotiations between Apple Corps and EMI regarding iTunes had "stalled" (source: Sandoval). In September 2009, despite earlier false claims that Yoko Ono had confirmed the iTunes debut, EMI representatives stated that discussions between Apple and EMI were still ongoing, with hopes for a future deal.

Before the iTunes agreement could be finalized, multiple stakeholders needed to reach an agreement. This included EMI, Apple Corps, Apple Inc., former Beatles members Paul McCartney and Ringo Starr, and the estates of John Lennon and George Harrison, led by Yoko Ono and Olivia Harrison, respectively. The long and complicated history between EMI, Apple Corps, and Apple Inc. made this process challenging.

However, the initial arrangement to feature The Beatles' catalog on iTunes was only intended to last for a limited period; it was set to expire sometime in 2011 [source: Ogg]. For now, Beatles fans can purchase the full collection of albums for $149, individual albums for $12.99, double albums for $19.99, and single tracks for $1.29. Each record also comes with the iTunes LP feature, which includes extra content like photos, lyrics, and more.

Will Apple continue to hold exclusive rights to The Beatles' music online? Will the catalog be removed from iTunes in 2011? It’s uncertain, but reports suggest the sales from this deal could exceed $100 million or more [source: Satariano and Fixmer]. If this is the case, The Beatles and Apple Inc. might have finally found a harmonious partnership.