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Deutsch: EP verabschiedet die Verlängerung der Urheberrechtsfrist in der erste...

Although largely opposed by some EU Member States in the Council, criticized by the consumers' organizations and strongly opposed by 4 out of the 7 main political groups (ALDE, GREENS/EFA, NGL, IND/ DEM) in the European Parliament (EP), the directive on performers copyright term extension was passed by the MEPs in the first reading on 23 April 2009.

Besides the four groups, there were other national delegations and key MEPs who joined the fight to reject the directive, but the final vote was 317 in favour, 178 against, 37 abstentions.

The report by Irish MEP Brian Crowley proposed the extension of the term from 50 to 70 years for performers and recording companies, while the initial proposal of the European Commission was to extend the term up to 95 years. The extension by 20 years seems to be a compromise to acknowledge the disapproval of some of the Member States.

"The current differences in term of protection, particularly between Europe and the US, cause legal uncertainty and piracy, especially in the digital environment, where there are no boundaries," said Brian Crowley who added: "The extended term would also benefit the record producers. It would generate additional revenue from the sale of records in shops and on the Internet."

The new text provides a dedicated fund for session musicians having given up their rights when signing contracts for their performances. The fund is to be financed by contributions from producers who would be obliged to put aside for this at least 20% of the revenues resulted from the extended term, at least once a year. The collective societies are given the right to manage the additional remuneration. A key amendment to ensure benefits accrued only to performers was, unfortunately, rejected.

The initial text has also been modified so as to prevent previous contract terms to deduct money from the additional revenues for performers. Also, an approved amendment allows performers to renegotiate contracts concluded before the entry into force of this legislation. "Use it or lose it" clause says that in case the producers do not make the recording available to the public within a year after the 50-year period has ended, their rights expire and performers can be transferred the rights for the respective recording.

MEPs ask the Commission to launch by January 2010 an impact assessment of the situation in the European audiovisual sector in order to decide whether a similar copyright extension would be beneficial for that area as well. Member States will have two years to transpose the new legislation.

Professor Bernt Hugenholtz, Director of the University of Amsterdam's Institute for Information Law (IViR) criticized the Commission for not having taken into consideration the finding of the two commissioned studies carried out by IViR on the extension of the copyright term. In an open letter addressed in August 2008, he accused the Commission of "wilfully ignoring scientific analysis and evidence".

Monique Goyens, director-general of European consumer organisation BEUC, has also criticised the proposed legislation summarising the present situation as follows: "The technology is of the 21st century, the legislation is of the 19th century and the right holder organisations are of the Middle Age."

The directive is now being sent to the EU Council of Ministers for first reading, where it is currently blocked by several member states.

Parliament buckles: copyright extension goes through to Council of Ministers (23.04.2009)
http://www.openrightsgroup.org/2009/04/23/parliament-buckles-copyright...

European Parliament backs 70-year copyright term for sound recordings (27.04.2009)
http://www.out-law.com/page-9973

Music copyright still divisive, despite MEPs' backing (29.04.2009)
http://www.euractiv.com/en/innovation/music-copyright-divisive-despite...

Music copyright to be extended to 70 years for performers (23.04.2009)
http://www.europarl.europa.eu/news/expert/infopress_page/058-54192-111...

IViR Open Letter to Jose Manuel Barroso, President of the European Commission (28.08.2008)
http://www.ivir.nl/news/Open_Letter_EC.pdf

EDRI-gram: Extended copyright term for sound recordings pushed back (8.04.2009)
http://www.edri.org/edri-gram/number7.7/extended-copyright-no