[78-L] European Sound Recording Copyright Extension

David Lennick dlennick at sympatico.ca
Mon Sep 12 12:45:21 PDT 2011


Good news for us restoration folks! This story was on the BBC News this 
afternoon, with a bit of "Telstar" as an example of a song that will be saved 
(except now we know that it might not).

dl

On 9/12/2011 3:26 PM, Bill Clark wrote:
> 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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