Universal Music Group has won a court ruling allowing it to pursue ownership of a rare 1962 Beatles demo tape that a former Abbey Road engineer allegedly rescued from destruction and kept for decades.
Los Angeles Superior Court Judge David Cowan ruled October 16 that Universal subsidiary Calderstone Productions had established its right to seek the recording's return from the estate of Geoff Emerick. The decision clears a major obstacle before a January 2027 trial over whether the studio abandoned the tape or Emerick took company property without permission.
Emerick's estate has challenged the decision, with attorney Kenneth Freundlich filing a motion for reconsideration last week. The motion accuses the court of rewriting decades-old ownership documents and argues that allowing Universal's claim to proceed would result in a "manifest injustice."
The dispute concerns a recording made June 6, 1962, during the Beatles' first session at EMI Studios, later renamed Abbey Road. Featuring John Lennon, Paul McCartney, George Harrison and original drummer Pete Best, the session included "Bésame Mucho," "Love Me Do," "P.S. I Love You" and "Ask Me Why."
Although Universal has described the tape in court filings as the "first known Beatles recording," earlier recordings of the group exist. Its significance lies in documenting an early studio session before the band achieved worldwide fame.
According to the estate, the recording was placed in a London squash court near Abbey Road in 1964, where unwanted tapes were stored before disposal. Fellow engineer Ken Scott allegedly alerted Emerick to the recording, and Emerick retrieved it rather than allowing it to be destroyed.
Emerick, who later became the Beatles' chief recording engineer and worked on albums including Sgt. Pepper's Lonely Hearts Club Band, kept the tape for decades. Following his death in 2018, representatives of his estate discovered the recording among his possessions.
Universal learned of the tape after it appeared in an online listing offering it to the "highest bidder." The company demanded its return, alleging that Emerick had taken property belonging to EMI, which Universal acquired in 2012. The estate refused, and both sides filed competing petitions in probate court seeking recognition of their ownership claims.
The estate argued that Calderstone had failed to establish an uninterrupted chain of title connecting it to EMI's ownership interests. Cowan rejected that challenge, finding that the company had sufficiently demonstrated its right to pursue a conversion claim, a civil action involving wrongful control over another party's property.
That ruling allows Universal to continue seeking possession of the recording but does not establish that it owns the tape. The parties agree that Universal controls the rights to the music preserved on it. Their dispute concerns ownership of the physical recording.
Emerick's estate maintains that EMI abandoned the tape when it placed the recording in the squash court for disposal. Its attorneys argue that Emerick preserved an unwanted piece of Beatles history that otherwise would have been destroyed.
Universal disputes that interpretation, arguing that the squash court remained under company control and that moving tapes there did not surrender EMI's ownership rights. Its attorneys contend that even recordings designated for destruction remained company property unless EMI intended to relinquish ownership.
The distinction is central to the legal dispute. Abandonment requires an intent to give up ownership, and the court must determine whether EMI's treatment of the tape established that intent or merely reflected a decision to remove it from active use.
Cowan is scheduled to conduct a bench trial in January 2027, where he will decide the ownership dispute without a jury. The court could also consider whether the statute of limitations restricts Universal's claim, depending on the resolution of the estate's pending reconsideration motion.