[78-L] Copyright extensions?

[Alan Bunting]

The current situation is as follows.
 
The proposal to extend the copyright period in Europe to 70 years was voted on and passed by the European Parliament back in 2009 but actual implementation requires a further vote by what is known as The Council of Ministers to ratify it.  
 
This vote has not yet taken place.  However, if / when it does, because several countries (notably Denmark) which were originally opposed to the proposal have changed their minds, it is likely that it would be voted through and become law. After this individual countries would then have to pass legislation to implement the new rules.
 
However, some of those opposed to the proposal discovered that, according to the EU Parliament rules, because a new Parliament had been voted in since the original proposal was voted for, if 40 members could be found to support a motion that the whole thing be referred back to the full Parliament, and this motion were then passed by the full Parliament, this would have to happen, with further lengthy delays.
 
The requisite number of MEPs did sign the referral proposal and it is now buried in legal arguments as to whether or not the proposal may be put before the Parliament. 
 
All of this is explained much better than I can here by the Danish MEP behind this referral proposal:
 
http://christianengstrom.wordpress.com/category/copyright-term-extension/
 
You will also see here that, although the UK government is supporting the extension (despite the inquiry they set up saying they shouldn't) the more recent Hargreaves report more or less says that they are wrong and should oppose the extension.
 
And so the saga continues - meanwhile 1961 recordings become fair game at the end of the year and, bearing in mind that, even if the European Parliament voted in favour tomorrow, it will probably be a year or more before individual countries actually ratify it so, guys, keep on transferring!
 
On the question of retrospection, the European Parliament has not, to date, made any of its legislation retrospective which should mean that anything already out of copyright on the date of implementation should remain so.
 
Note use of the word "should" - with the record companies intense lobbying, wining and dining, plus the fact that most MEPs don't really understand the issues, nothing is certain! 
 
Alan Bunting 
 

--- On Tue, 12/7/11, David Lennick <dlennick at sympatico.ca> wrote:



Is anybody hearing any official news about copyright extension in the EU? I've 
heard 70 years mentioned recently. Any definite word about this period, voting 
on same, non-retroactive..? Inquiring transfer guys want to know.

dl

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