[78-L] European Sound Recording Copyright Extension

[Alan Bunting]

The BPI's "understanding" is the same as mine but, as an understanding isn't a certainty,  I have written to the UK's Intellectual Property Office and asked specifically if retrospection will apply.  When I asked them this question back in 2009 they said they thought not but that things could change.
 
 I will, of course, post any reply I obtain. 
 
Alan Bunting
 

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
>