Directive 2011/77/EU on the term of protection of copyright

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Directive 2011/77/EU on the term of protection of copyright and certain related rights amended Directive 2006/116/EC and extended copyright terms of recordings from 50 to 70 years. It was passed by the Council of the European Union on 12 September 2011[1][2] after the European Parliament passed it on 23 April 2009 establishing a term of 70 years,[3] lower than the 95 years the European Union Commission had proposed on 16 July 2008.[4]

Purpose of the extension[edit]

The stated purpose of the extension of the recording copyright term is to "bring performers' protection more in line with that already given to authors - 70 years after their death." The term in Directive 2006/116/EC[5] is 50 years after publishing the performance, or 50 years after the performance if it is not published.

Argument for the proposal[edit]

The Impact of Copyright Extension for Sound Recordings in the UK (cited by the European Commission)[6] suggested that the extension to 95 years would increase revenue by £2.2 million to £34.9 million in present value terms over the next ten year. It also suggested that there would "prices of in-copyright and out-of-copyright sound recordings are not significantly different" so that consumers would not be impacted. [7]

Argument against the proposal[edit]

The Gowers review of Intellectual Property stated that "is not clear that extension of term would benefit musicians and performers very much in practice."[8]

A report commissioned by the European Commission, Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea, concluded that the arguments for copyright extension were not convincing.[9]

See also[edit]

References[edit]

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