[78-L] Copyright extensions?

[Kristjan Saag]

Alan's explanation is quite correct - only that the MEP, Christian 
Emgstrom, is not Danish, but Swedish, representing the Swedish Pirate 
Party, which has profiled itself on copyright issues, mainly regarding 
file-sharing. 
I spoke to him today for a radio interview. He mentioned that some of 
the socialist groups in Europe have been announcing that they may be 
willing to look over the issue again, and, generally, the Green parties 
are all against an extension. In Sweden the conservative government  is 
against as well, and did manage to prolong the handling of the issue 
while being chairman of the EU.
Kristjan

---

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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