No Beatles for you! EU adds 20 years to music copyrights

By Nate Anderson
Ars Technica

Sep 13, 2011

http://arstechnica.com/tech-policy/news/2011/09/no-beatles-for-you-eu-adds-20-years-to-music-copyrights.ars


It took three years of doing, but the music industry has finally won its 
European battle to lock up in-copyright sound recordings for another 20 
years. Looking forward to The Beatles' music entering the public domain 
as the 50-year copyright terms expires? Not going to happen.

The Council of the European Union, where the various member state 
governments all have a say, voted yesterday (PDF) without discussion to 
increase the copyright term in sound recordings from 50 to 70 years. 
Small countries like Belgium, the Czech Republic, the Netherlands, 
Luxembourg, Romania, Slovakia, Slovenia, and Sweden voted against the 
extension, but it passed anyway.

The long and winding road to this point actually began in 2008, when the 
European Union announced a plan to extend musical copyrights to 95 
years. The stated objective was to "help aging session musicians" who 
had been making small amounts of money from these recordings for 50 
years but were about to be cut off just when the rigors of old age were 
taking their toll. (Why hadn't they saved money for the future during 
the last 50 years like everyone else? Who knows—it was a point no one 
seemed keen on addressing.)

In 2009, the European Parliament passed the extension, but it was 
blocked from adoption at the Council level (it was also lowered to 70 
years from 95 years). After several years of lobbying, enough countries 
switched their position on the extension to allow yesterday's vote.

"Performers generally start their careers young and the current term of 
protection of 50 years often does not protect their performances for 
their entire lifetime," wrote the Council afterwards. "Therefore, some 
performers face an income gap at the end of their lifetimes."


Reaction

Reactions have been predictable. The CEO of global music trade group 
IFPI, Frances Moore, said in a statement that the vote was "a victory 
for fairness. With this decision, the European Union is giving artists 
and producers in Europe the fair treatment they deserve."

Pirate Party MEP Christian Engström, who tried and failed to give 
Parliament another shot at voting on the issue, took to his blog to call 
the decision "yet another example of how the Council and Commission of 
the EU are completely in the hands of the copyright lobby and will do 
whatever the lobbyists ask them to, no matter how absurd or harmful to 
society it may be." (Engström has strong views on the issue. He recently 
said in an interview, "It is true that the record companies have lost 
half their revenues. I say: 'Excellent! Half the job done.' What record 
companies do is distribution—it used to be an important function but now 
any teenager in his or her bedroom can do that work for free. In a 
market economy, your company will disappear unless it’s competitive.")

The UK's Open Rights Group called the measure "a cultural disaster… 
Research showed that around 90 percent of the cash windfall from 
copyright levies will fall into the hands of record labels." The group 
also pointed out that the the UK's own government-commissioned reports 
on intellectual property had been skeptical of extending copyright 
protection—though there's a long history of ignoring expert opinion on 
this topic.

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Associate Professor     Fax   (713) 743-3927
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