[78-L] European Sound Recording Copyright Extension

[Don Cox]

On 13/09/2011, Alan Bunting wrote:

> 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. Â
> Alan Bunting
> Â
> Here's the offical answer from the UK Intellectual Property Office: Â
> 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.
> ã
> 
That is a relief.

Really, most of the material that the owners neglect and that is worth
reissuing dates from before 1962.


> 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. Â
>> Â I will, of course, post any reply I obtain. Â
>> Alan Bunting
>> Â
>> 
>> 
>> 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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Regards
-- 
Don Cox
doncox at enterprise.net