UK-IPO Responds To EU Copyright Proposals

by Ulrika Lomas, for LawAndTax-News.com, Brussels

21 July 2008

The UK-IPO last week responded to the European Commission’s proposal to extend the term of copyright protection for sound recordings from 50 to 95 years.

The extended term would benefit performers who could continue earning money over an additional period.

It is envisaged by the Commission that a 95-year term would bridge the income gap that performers face when they turn 70, just as their early performances recorded in their 20s would lose protection.

They would continue to be eligible for broadcast remuneration, remuneration for performances in public places, such as bars and discotheques, and compensation payments for private copying of their performances.

The extended term would also benefit the record producers. It would generate additional revenue from the sale of records in shops and on the Internet.

Additional measures in the Directive include a proposal that record producers set aside 20% of all revenues for a fund for session artists.

A 'use it or lose it' clause contained in the plans should enable performers to regain the rights in recordings over 50 years old which are no longer available commercially.

There is also a proposal to align the term of protection for the music and lyrics which together make a musical composition.

Minister of Intellectual Property Baroness Delyth Morgan observed that:

"Because copyright represents a monopoly we need to be very clear that the circumstances justify an extension. We will therefore need to consider these proposals carefully to understand how they would work and what the benefits are likely to be. I would like to hear what the public thinks about this and would urge all those who have an interest in these proposals to make sure their voice is heard and to contact the UK-IPO by the end of August."

The Gowers Review of Intellectual Property, an independent review commissioned by the UK government, recommended against an extension of copyright term. Evidence suggested that extending the term of protection would negatively impact on consumers and industry.

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