Commission Proposes Extension to Term of Copyright Protection for Performers
- European Union
- 09/05/2008
- Roschier, Attorneys Ltd. - Sweden
The European Commission proposes to extend the term of copyright protection for performing artists and record producers from 50 to 95 years. If adopted, the extension would make performers and producers eligible for broadcast remuneration, remuneration for performances in public places and compensation payments for private copying of their performances also during the extended term. The Commission says that the proposal would, e.g., help the recording industry to adapt to the new business environment characterized by a steep decline in sales of physical CDs.
The proposed extension of the term has immediately been criticized by a group of prominent European law professors in an open letter published in The Times on 21 July 2008. According to the scholars, the proposal does nothing to encourage innovation and creativity. On the contrary, it in fact undermines the credibility of the copyright system.
The Commission also proposes to fully harmonize the copyright term applicable to co-written musical compositions. Co-written musical compositions are musical compositions which comprise contributions, such as lyrics and a musical score, from several authors. According to the figures presented by the Commission, between 60 % and 70 % of music is co-written. Under Member State laws, such compositions are currently classified either as single works of joint authorship with a unitary term of protection or as separate works with separate terms running for each individual author (like in Finland and Sweden), thus resulting in different terms of protection in different Member States for the same piece of music. The Commission now proposes a uniform method of calculating the term from the death of the last surviving author.
The above proposals were published on 16 July 2008 and they will next be discussed by the Member States in the European Council’s work group. In parallel with these proposals, the Commission also presented its Green Paper on Copyright in the Knowledge Economy, with which the Commission envisages to have a wide-ranging and open debate on the future of copyright policy in Europe.
