[78-L] European Sound Recording Copyright Extension

[Bill Clark]

A more recent link:

www.computeractive.co.uk/ca/news/2108593/copyright-protection-sound-recordings-extended

states:
However, today's rubber stamping of the directive, which received a majority 
vote on 7 September at a meeting of the EU Council of Ministers' permanent 
representatives (Coreper), won't help some artists. For hits already out of 
copyright, or those for which protection is due to expire, such as the 
Beatles 1962 hit Love Me Do, the changes won't come in time. The amendment 
is not expected to be transposed into national laws until around 2014.

A representative for the music industry body, the BPI told us: "Our 
understanding of the change is that despite being voted in, it is not 
retrospective. Recordings that are out of copyright won't 'pop' back into 
copyright."



Bill Clark

----- Original Message ----- 
From: "Alan Bunting" <alanbuntinguk at yahoo.com>
To: "78-L Mail List" <78-l at klickitat.78online.com>
Sent: Monday, September 12, 2011 2:09 PM
Subject: Re: [78-L] European Sound Recording Copyright Extension


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
>_______________________________________________
>
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