[78-L] European Sound Recording Copyright Extension

[Alan Bunting]

The law (when eventually implemented) will NOT be retrospective so Mr. Lennick and I can continue to supplement our meagre incomes with a few more transfers and restorations.
 
Alan Bunting
 
Here's the offical answer from the UK Intellectual Property Office:
 In response to your query, the directive provides that the extended term
for sound recordings and performers' rights (i.e. the 70 year period)
applies to fixation of performances and phonograms which are still
protected by the term directive on the date the amending directive must be
transposed and any such fixations created subsequently.
So the directive extends copyright/performers' rights protections for
works where the rights are still in force on the transposition date in the
directive but it does not revive copyright.
　
Copyright Enquiries
Intellectual Property Office.

From: Alan Bunting <alanbuntinguk at yahoo.com>
>Subject: Re: [78-L] European Sound Recording Copyright Extension
>
>
>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
>>
>
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