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Directive 2011/77/EU

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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 Commission had proposed on 16 July 2008.[4]

Purpose of the extension

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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 and against

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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 years. It also suggested that the "prices of in-copyright and out-of-copyright sound recordings are not significantly different" so that consumers would not be impacted. [7]

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] An article written by Dutch academics and published in the European Intellectual Property Review, 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

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References

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  1. ^ Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.
  2. ^ "European Commission - PRESS RELEASES - Press release - Brussels, 12 September 2011 New rules on term of protection of music recordings". europa.eu. Retrieved 2016-02-20.
  3. ^ EUROPA – Press Releases – Commission welcomes Parliament vote on copyright term
  4. ^ EUROPA - Press Releases - Intellectual Property: Commission adopts forward-looking package
  5. ^ Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights, article 3.1 (Duration of related rights)
  6. ^ EUROPA - Press Releases - Commission Proposal on a Directive for Term Extension – Frequently Asked Questions (see , IP/08/1156)
  7. ^ Price Waterhouse (2006). "The Impact of Copyright Extension for Sound Recordings in the UK" (PDF). (report Commissioned by the BPI). Archived from the original (PDF) on 2011-10-06.
  8. ^ Gowers Review of Intellectual Property "Archived copy". Archived from the original on 2010-04-07. Retrieved 2010-04-07.{{cite web}}: CS1 maint: archived copy as title (link) Andrew Gowers The Gowers Review of Intellectual Property pg 50 section 4.29
  9. ^ Helberger, Natali; Dufft, Nicole; Van Gompel, Stef; Hugenholtz, Bernt. "Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea" (PDF). Institute for Information Law, University of Amsterdam. Archived from the original (PDF) on 2009-07-25. Retrieved 2009-12-31.
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Directive in the news:

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