On 16 July 2008, disregarding the well substantiated findings and opinions of the Amsterdam Institute for Information Law, the Cambridge Study for the UK Government and the Bournemouth University statement signed by 50 leading academics in June 2008, the European Commission (EC) adopted an initiative proposing the extension of the copyright term for the recorded performances as well as records.
Actually, two initiatives were adopted by the European Commission related to copyright, proposing the extension of the copyright term for the recorded performances and phonograms and the harmonisation of the copyright term to cover co-written works as well. The EC also adopted a Green Paper on Copyright in the Knowledge Economy.
"The copyright measures adopted today should underline that we take a holistic approach when it comes to intellectual property. The proposal on term extension has a strong social component and the Green Paper is deeply embedded in the overall societal and knowledge context. (...) I am committed to concentrate all necessary efforts to ensure that performers have a decent income and that there will be a European-based music industry in the years to come," stated Internal Market and Services Commissioner Charlie McCreevy.
The EC proposition is to extend the term of protection for the recorded performances and the records from 50 to 95 years. From the proposal would thus benefit not only the performers but also the record producers. The justification of the measure is that the performers should be able to benefit from their work even in the old age and that the record producers may obtain additional revenues under the conditions of a decline of the physical sales and a relatively slow growth on the online sales. The initiative has also in view to harmonise the way of calculating the term of protection to cover the collective works, proposing that the term of protection of a musical composition should expire 70 years after the death of the last surviving author, whether it refers to the lyrics author or the music composer.
The concerns raised by the initiatives adopted by the EC are very serious: "This Copyright Extension Directive, proposed by Commissioner McCreevy, is likely to damage seriously the reputation of the Commission. It is a spectacular kowtow to one single special interest group: the multinational recording industry (Universal, Sony/BMG, Warner and EMI) hiding behind the rhetoric of aging performing artists" says a letter sent on 18 July 2008 by the leading European centres for intellectual property research addressed to EU Commission President Jose Manuel Barroso.
The letter includes an impact assessment of the negative effects of the proposal. "The Commission is required to conduct an impact study for each directive it proposes. We, the leading European centres for intellectual property policy research, have collectively reviewed the empirical evidence. Our findings are unanimous. The proposed Copyright Extension Directive will damage European creative endeavour and innovation beyond repair."
In a letter sent to The Times, the group of intellectual property research centres considers the copyright extension is beneficial mostly for rights holders doing nothing for innovation and creativity. The signatories believe the proposed copyright system will alienate the younger generation even more. They believe that other measures would be more appropriate to support the aging performers as well as the young ones. The copyright term is meant to balance the interests of consumers and creators and granting further intellectual property rights without a proper basis is not beneficial to the competitiveness of the EU either. The commission should not take the record industry's word claiming that by this extension the consumer prices will not rise, that performing artists will earn more, and the record industry will invest in discovering new talents (as if a 50 year period was not enough for that).
The EU proposal will further on proceed to the Council of Ministers and the European Parliament.
Intellectual Property: Commission adopts forward-looking package
(16.07.2008)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1156&...
EU Commission proposes copyright term extension and ignores all the evidence
(16.07.2008)
http://www.soundcopyright.eu/blog/eu-commission-proposes-copyright-ter...
Term Extension "will damage Commission's reputation", top legal advisers
tell Barroso (18.06.2008)
http://www.soundcopyright.eu/blog/term-extension-will-damage-commissio...
Letter of Group to Barroso (16.06.2008)
http://www.openrightsgroup.org/wp-content/uploads/sound-recordings-bar...
Creativity stifled? A Joined Academic Statement on the Proposed Copyright
Term Extension for Sound Recordings (16.06.2008)
http://www.cippm.org.uk/images/Bournemouth%20Statement.pdf
Copyright extension is the enemy of innovation - Letter to The Times
(21.07.2008)
http://www.timesonline.co.uk/tol/comment/letters/article4374115.ece
ALCS study - Authors' earnings from copyright and non-copyright sources: A
survey of 25,000 British and German writers (13.07.2007)
http://www.cippm.org.uk/publications/alcs/ACLS%20Full%20report.pdf
EDRI-gram: ENDitorial: The battle for Sound Copyright (12.03.2008)
http://www.edri.org/edrigram/number6.5/battle-sound-copyright