[78-L] European Sound Recording Copyright Extension

[Alan Bunting]

In typical EU style, the document Bill refers to needs to be read in conjunction with the original Directive 2006/116/EC which contains the Article 10 referred to on page 14.  It may be found here:
 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:372:0012:0018:EN:PDF
 
However, even when you read both there is, so far as I can see, no clear answer to the retrospection question.
 
One hopes that eventually they will produce a single document which will make things clear.
 
As I said in my original post - a field day for the lawyers.
 
Alan Bunting

From: Bill Clark <bill78 at btinternet.com>
>To: 78-L Mail List <78-l at klickitat.78online.com>
>Sent: Monday, 12 September 2011, 12:38
>Subject: Re: [78-L] European Sound Recording Copyright Extension
>
>It seems the EU have just passed the legislation.
>
>http://euroalert.net/en/news.aspx?idn=13408
>
>It is worth downloading the EU document:
>
>http://register.consilium.europa.eu/pdf/en/11/pe00/pe00016.en11.pdf
>
>referred to in the article.
>
>The key paragraph I think is on page 14 but I still can't decide if it
>revives copyright on existing public domain items.  My reading is that it
>doesn't.  Any lawyers out there who can explain this to us?
>
>Bill Clark
>
>----- Original Message ----- 
>From: "Alan Bunting" <alanbuntinguk at yahoo.com>
>To: "78-L Mail List" <78-l at klickitat.78online.com>
>Sent: Thursday, September 01, 2011 1:24 PM
>Subject: [78-L] European Sound Recording Copyright Extension
>
>
>Potentially bad news if what is reported here actually happens next week:
>
>http://soundcopyright.eu/node/84
>
>Problem is that the Proposal they are likely to vote through has so many 
>unanswered questions and omissions that it will keep the lawyers going for 
>years to come.
>
>Biggest question is whether or not it is going to be retrospective - to date 
>no EU legislation has been, but the EU is so unpredictable and illogical 
>that there's always a first time. If it isn't retrospective then the fact 
>that recordings up to 1961 would remain public domain will probably keep the 
>majority of 78-L members reasonably happy.
>
>Alan Bunting
>_______________________________________________
>