Directive 2011/77/EU: Difference between revisions

Revision as of 11:10, 2 March 2014

The European Union Commission proposed on 16 July 2008 to extend the length of the copyright on recordings to 95 years from 50 years.^[1] The European Parliament modified the term in the proposal to 70 years, and passed the modified version on 23 April 2009.^[2] The Council of the European Union passed it on 12 September 2011.^[3]^[4]

Purpose of the extension

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

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

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]

References

^ EUROPA - Press Releases - Intellectual Property: Commission adopts forward-looking package
^ EUROPA - Press Releases - Commission welcomes Parliament vote on copyright term
^ 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.
^ [1]
^ http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0116:EN:NOT Article 3.1
^ EUROPA - Press Releases - Commission Proposal on a Directive for Term Extension – Frequently Asked Questions (see , IP/08/1156)
^ Price Waterhouse (2006). "The Impact of Copyright Extension for Sound Recordings in the UK" (PDF). (report commissioned by the BPI).
^ Gowers Review of Intellectual Property [2] Andrew Gowers The Gowers Review of Intellectual Property pg 50 section 4.29
^ Helberger, Natali; Dufft, Nicole; Van Gompel, Stef; HegenHoltz, Bernt. "Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea" (PDF). Institute for Information Law, University of Amsterdam. {{cite journal}}: Cite journal requires |journal= (help)

External links

[1] EUROPA - Press Releases - Intellectual Property: Commission adopts forward-looking package

[2] EUROPA - Press Releases - Commission welcomes Parliament vote on copyright term

[3] 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.

[4] [1]

[5] ttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0116:EN:NOT Article 3.1

[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).

[8] Gowers Review of Intellectual Property [2] Andrew Gowers The Gowers Review of Intellectual Property pg 50 section 4.29

[9] Helberger, Natali; Dufft, Nicole; Van Gompel, Stef; HegenHoltz, Bernt. "Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea" (PDF). Institute for Information Law, University of Amsterdam. {{cite journal}}: Cite journal requires |journal= (help)

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]