[78-L] (On list) European Sound Recording Copyright Extension

[Alan Bunting]

Kristjan - anyone who knows anything about the machinations of the European Parliament knows that you can't rely 100% on anything they say or do.  However, to date no EU Directive has ever been retrospective. Having said that, I suppose it is theoretically possible for things to change and there's a first time for everything. 
 
In any case, although my knowledge of European Parliament procedures is limited, I believe that such a fundamental change would entail the whole thing being debated again by the whole Parliament - something I don't think will happen.
 
In the unlikely event it was, and retrospection resulted, one has to wonder how the tens of thousands of  CDs still in shops and warehouses which were suddenly illegal would be dealt with and how compensation to those who had produced them would be organised.
 
Glad you liked the article - hopefully there will be a follow up in when more details emerge. 
 
Alan
 

>________________________________
>From: Kristjan Saag saag at telia.com
>
>OK, this means that we can rely on theUK Intellectual Property Office's 
>interpretation of retrospectivity? Or can that principle be changed when 
>or before the directive is implemented?
>Terrific article in "Journal Into Melody", by the way!
>Kristjan
>
>
>
>On 2012-01-07 18:14, Alan Bunting wrote:
>> So far as I am aware, absolutely nothing has happened regarding implementing the Directive in any EU member state - presumably they have more important things to worry about at the moment. This means that, so far as Europe is concerned, as of January 1st this year all recordings made up to the end of 1961 are now out of copyright and will remain so.
>>
>> Anyone wishing to attempt to understand what happens when this seriously flawed piece of legislation is eventually implemented should take a look at an article I wrote for the latest issue of "Journal Into Melody" , the magazine of The Robert Farnon Society. One thing not mentioned in the article, and which I am still not sure of, is whether there will be an agreed implementation date common to all EU members.  If there isn't, then even more chaos will result!
>>
>> http://www.rfsoc.org.uk/jim76.shtml 
>>
>> Alan Bunting
>>  
>>
>> On 2012-01-07 17:03, Kristjan Saag wrote:
>>>> Hi, Alan,
>>>> Since you posted this to the list: has there been anything more said
>>>> about non-retrospectivity? Confirmations? Denials? Discussions?
>>>> Kristjan
>>>>
>>>> --
>>>>
>>>> On 2011-09-13 18:54, 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.
>>>>>
>>>>> 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.
>
>