[78-L] Use it or Lose It: Sony issues Dylan bootlegs

[Alan Bunting]

Chris is correct. I have written confirmation from the UK Intellectual Property Office that it will become UK law in November this year so it is reasonable to assume that all other EU countries will do the same.
 
However, there are numerous problems in actually implementing the new rules, especially when it comes to the bit that deals with the artist's right to acquire the copyright. This a major change (probably lobbied for by the record companies) from the original proposal which sensibly said that if the record wasn't available at the end of 50 years and the artist didn't claim the copyright it automatically became Public Domain.   It now says that if the artist doesn't claim the copyright (which I imagine will be the case in over 90% of recordings) then the record company retains it and has no obligation to make the recording available.  If the artist does claim the copyright then the recording (or "fixation") becomes Public Domain but, of course, cannot be used by anyone without the artist's agreement as they hold the copyright in the performance. 
 
The biggest flaw in the legislation is that it constantly refers to "the artist" and doesn't make clear what happens when more than one artist is involved which, of course, applies to over 99% of all recordings ever made.  Not only that, it is up to the artist to remember that they appeared on a recording made 50 years ago, somehow find out that it isn't available and then claim the copyright from "the producer" who may or may not be the record company that issued the record in the first place.
 
How this procedure works in the case of, for example, a pop group is unclear at present but it seems likely that they would ALL have to claim the copyright.  This is a very grey area - one possible scenario is that if only one of them did then that person wouldn't be able to license the recording to anyone nor would the record company be able to exploit it and the recording disappears into limbo. What happens in the case of an orchestral recording, an opera or a musical is something the IPO couldn't answer.
  
There are many other major problems in making this stupid piece of legislation work and, for those interested, the IPO in the UK has published a consultation document which explains what is happening and, more importantly, asks those affected to answer a number of questions the answers to which will affect what the new laws actually say.
 
It may be found here as a .pdf document:
 
http://www.ipo.gov.uk/consult-2013-copyterm.pdf
 
Alan Bunting
 
  


>________________________________
> From: Christopher Steward <chris.1picc at yahoo.co.uk>
>To: 78-L Mail List <78-l at klickitat.78online.com> 
>Sent: Wednesday, 13 February 2013, 10:46
>Subject: Re: [78-L] Use it or Lose It: Sony issues Dylan bootlegs
>  
>My understanding of the situation (at least here in the UK) is this. The copyright period used to start from the end of the year of publication; therefore if a recording was not published it remained indefinitely in copyright. However, in about 1980 that changed: if a recording was unpublished the copyright period was taken from the date of recording. Companies have been able to take the opportunity to publish before the 50-year deadline and thereby extend the copyright. 
>   The new law has been agreed by the EU, but has to be ratified by individual countries; I have been told that it should be by November of this year.
>   If anyone can confirm (or otherwise) this it would be very welcome.
> 
>Chris
> 
>--- On Wed, 13/2/13, Michael Biel <mbiel at mbiel.com> wrote:
>
>
>From: Michael Biel <mbiel at mbiel.com>
>Subject: Re: [78-L] Use it or Lose It: Sony issues Dylan bootlegs
>To: "78-L Mail List" <78-l at klickitat.78online.com>
>Cc: WildcatLeah at gmail.com, "LBiel" <l.biel at verizon.net>
>Date: Wednesday, 13 February, 2013, 6:48
>
>
>From: David Lennick <dlennick at sympatico.ca>
>> Did I miss something? UNRELEASED tracks will become PD? News to me. dl
>
>I think you have a good point here BUT perhaps there might be an
>interpretation that FIXATION places the recording in copyright -- not
>publication -- and that means that (at least in the EC) ALL recordings
>have their clock started at fixation, not publication.  THAT would be a
>real kick in the pants!
>
>Another question -- this hasn't passed yet, has it?  I thought it was
>the proposal that has to be approved one by one by the member countries
>and not go into effect until they all pass it.  Or did I miss something?
>
>Mike Biel  mbiel at mbiel.com   
>
>