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EU Extends Copyright Term To 70 Years (Directive PE-CONS 16/11)

EU Extends Copyright Term To 70 Years (Directive PE-CONS 16/11)

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Published by RemixNinja
The directive to extend the term of protection for performers and sound recordings to 70 years was adopted on 12 September 2011. The aim of the directive is to bring performers' protection more in line with that already given to authors - 70 years after their death. The extended term will enable performers to earn money for a longer period of time and in any event throughout their lifetime. The income from copyright remuneration is important for performers, as they often do not have other regular salaried income. The extended term will also benefit record producers who will generate additional revenue from the sale of records in shops and on the internet. This should allow producers to adapt to the rapidly changing business environment and help them maintain their investment levels in new talent.

The directive also contains accompanying measures which aim specifically to help performers. The 'use it or lose it' clauses which will now have to be included in the contracts linking performers to their record companies will allow performers to get their rights back if the record producer does not market the sound recording during the extended period. In this way the performer will be able to either find another record producer willing to sell his music or do it himself, something that is possible easily via the internet. In case neither the performer nor the producer would wish to market the recording, the recording would no longer be protected. In this way, the term extension would avoid 'locking up' those recordings that are not commercially interesting. Finally, record companies will have to set up a fund into which they will have to pay 20% of their revenues earned during the extended period. The money from this fund will be destined to help session musicians.
The directive to extend the term of protection for performers and sound recordings to 70 years was adopted on 12 September 2011. The aim of the directive is to bring performers' protection more in line with that already given to authors - 70 years after their death. The extended term will enable performers to earn money for a longer period of time and in any event throughout their lifetime. The income from copyright remuneration is important for performers, as they often do not have other regular salaried income. The extended term will also benefit record producers who will generate additional revenue from the sale of records in shops and on the internet. This should allow producers to adapt to the rapidly changing business environment and help them maintain their investment levels in new talent.

The directive also contains accompanying measures which aim specifically to help performers. The 'use it or lose it' clauses which will now have to be included in the contracts linking performers to their record companies will allow performers to get their rights back if the record producer does not market the sound recording during the extended period. In this way the performer will be able to either find another record producer willing to sell his music or do it himself, something that is possible easily via the internet. In case neither the performer nor the producer would wish to market the recording, the recording would no longer be protected. In this way, the term extension would avoid 'locking up' those recordings that are not commercially interesting. Finally, record companies will have to set up a fund into which they will have to pay 20% of their revenues earned during the extended period. The money from this fund will be destined to help session musicians.

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Published by: RemixNinja on Sep 13, 2011
Copyright:Attribution Non-commercial

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11/07/2012

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 PE-CONS 16/11 RSP/SC/kstDG C I B
E
 
EUROPEA UIO
THE EUROPEA PARLIAMET THE COUCILBrussels, 1 September 2011(OR. en)2008/0157 (COD) PE-COS 16/11PI 27CULT 23CODEC 593LEGISLATIVE ACTS AD OTHER ISTRUMETS
Subject: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OFTHE COUNCIL amending Directive 2006/116/EC on the term of  protection of copyright and certain related rights
 
 PE-CONS 16/11 RSP/SC/kst 1DG C I B
E
 
DIRECTIVE 2011/.../EUOF THE EUROPEA PARLIAMET AD OF THE COUCILof amending Directive 2006/116/ECon the term of protection of copyright and certain related rights
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 114 thereof,Having regard to the proposal from the European Commission,Having regard to the opinion of the European Economic and Social Committee
1
,Acting in accordance with the ordinary legislative procedure
2
,
1
OJ C 182, 4.8.2009, p. 36.
2
Position of the European Parliament of 23 April 2009 (OJ C 184 E, 8.7.2010, p. 331) anddecision of the Council of ....
 
 PE-CONS 16/11 RSP/SC/kst 2DG C I B
E
 Whereas:(1) Under Directive 2006/116/EC of the European Parliament and of the Council
1
, the term of  protection for performers and producers of phonograms is 50 years.(2) In the case of performers this period starts with the performance or, when the fixation of the performance is lawfully published or lawfully communicated to the public within 50years after the performance is made, with the first such publication or the first suchcommunication to the public, whichever is the earliest.(3) For phonogram producers the period starts with the fixation of the phonogram or its lawful publication within 50 years after fixation, or, if it is not so published, its lawfulcommunication to the public within 50 years after fixation.(4) The socially recognised importance of the creative contribution of performers should bereflected in a level of protection that acknowledges their creative and artistic contribution.
1
OJ L 372, 27.12.2006, p. 12.

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