[78-L] Copyright extension

[Kristjan Saag]

Just had this from The Sound Copyright Campaign.
It emphasizes what I wrote a few days ago: it's important that those of us 
who enjoy the availability of old sound recordings on the market get in 
touch with our political representatives and ask them to reject the proposed 
extension of the European copyright term of sound recordings.
Kristjan
--
Dear Sound Copyright petitioner,

The flawed proposal to extend the term of copyright protection afforded to 
sound recordings, robbing consumers in the name of performers but for the 
benefit of the world's four major record labels, is being fast-tracked 
through the democratic process. Earlier this month MEPs from the relevant 
European Parliament committees presented their draft reports (1) at a 
meeting of the legal affairs committee (JURI), the Committee which will make 
recommendations to the European Parliament on how to vote on the Directive 
early next year. They proposed a host of worrying new amendments which 
threaten to:

* Weaken further already inadequate measures intended to allow orphan works, 
and commercially worthless but culturally significant recordings to pass 
into the public domain (Culture (CULT), Internal Market (IMCO) and the 
Industry, Technology and Research (ITRE) committees draft reports).

* Allow record labels to deduct "costs" from a fund intended to benefit 
session musicians, further shrinking the pot of money made available to 
performers in favour of labels (IMCO committee draft report).

* Dramatically widen the scope of the Directive to include audio-visual 
recording, even though no relevant impact assessment has been conducted into 
what effect this might have on consumers and follow-on innovators. (JURI and 
ITRE committee draft reports).

(1) 
http://www.openrightsgroup.org/wp-content/uploads/term-extension-committee-draft-reports.zip

At the JURI meeting, Dr Lionel Bently of the Centre for Intellectual 
Property and Information Law (CIPIL) Cambridge, dismissed the proposal 
stating that "record producers will gain the lion's share of revenues on 
sales in the extended term". He warned that the Directive would accrue 
serious social and economic costs, and concluded that MEPs should "oppose 
this measure in its totality." (2)

(2) 
http://www.openrightsgroup.org/wp-content/uploads/prof-bently-juri-speech.pdf

Bently is not the only expert to oppose the Directive. In an open letter to 
MEPs, Europe's leading intellectual property research centres unanimously 
condemned the proposal (3). The European Broadcast Union has also stated 
publicly that the proposal will make consumers foot the bill while stifling 
innovation (4).

(3) 
http://www.openrightsgroup.org/wp-content/uploads/term-open-letter-and-statement.zip
(4) 
http://www.openrightsgroup.org/wp-content/uploads/ebu-position-paper-extending-the-term-of-copyright-protection.doc

Earlier this month ORG met with MEPs in the European Parliament to express 
our serious concerns about the proposal. We warned that the European 
Commission's own figures demonstrate that performers will benefit little 
from the extended term (5), while the world's four major record labels will 
gain millions of Euros direct from consumer's pockets. We argued that this 
damaged the respect necessary for a functioning IP system.

(5) 
http://www.openrightsgroup.org/wp-content/uploads/openrights-scotsman-oct-08.pdf

But our voice is not as powerful as yours. It's vital that you contact your 
MEPs now (6) and tell them why term extension is bad news (7).

(6) http://www.soundcopyright.eu/system/files/MEP+lobbying+tips.pdf
(7) http://www.soundcopyright.eu/system/files/Briefing.pdf

With all the evidence pointing against this measure, you can call on your 
MEPs to put a stop to bad IP law and reject this proposal. You can also also 
tell the appropriate government department in your own EU country (8) (in 
the UK it is DCMS), as they will be meeting in the Council of Ministers to 
discuss term extension.

(8) http://www.wipo.int/directory/en/urls.jsp

With the European elections next year, Parliament is set to move quickly on 
this issue. It's up to you to remind your representatives that their job is 
to look out for your interests, not to rush through bad law.


Thanks again - we'll keep you updated.


The Sound Copyright Campaign

Run by the Open Rights Group and EFF


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