Europe to Extend Music Copyright
by
findingDulcinea Staff
The European Commission has proposed to extend performance and sound recording rights. The move would increase the lifetime earnings of artists.
30-Second Summary
The commission’s initiative would extend the copyright period for music performers to 95 years, increasing the lifetime earnings of many European musicians.
Under the current rule, musicians earn royalties from a recording for 50 years from the end of the year of release.
“It is the performer who gives life to the composition,” said Charlie McCreevy, the European Union’s internal market commissioner, in defense of the proposal.
British legislators have repeatedly refused to endorse an extension of sound recording rights. Advocates of the current rule argue that the new law would raise costs and hurt sales. They also say that artists earn enough as it is.
Should the European plan fail, Paul McCartney (65) would cease to earn royalties as a performer on the first Beatles' album, "Please, Please Me," in six years' time.
As a songwriter he would continue to receive a share of earnings, albeit a smaller one. British composers and songwriters retain the copywright on their work for 70 years after their deaths.
The British Phonographic Industry, which represents record companies, has argued that having different standards for writers and performers is unfair.
In the United States, recording rights were extended to 95 years in 1998 after a similar battle.
One way artists have used their copyright ownership to make instant profits is by converting their work into “Bowie bonds,” bonds that guarantee investors a share of the artist’s future earnings.
British artist David Bowie pioneered the securitization of song royalties in 1997, when he collected $55 million for the first bond.
Because of falling record sales during the early 2000s, investor interest in Bowie bonds declined. But The Wall Street Journal reported in 2005 that the bonds are making a comeback thanks to a boom in legal digital downloading.
Under the current rule, musicians earn royalties from a recording for 50 years from the end of the year of release.
“It is the performer who gives life to the composition,” said Charlie McCreevy, the European Union’s internal market commissioner, in defense of the proposal.
British legislators have repeatedly refused to endorse an extension of sound recording rights. Advocates of the current rule argue that the new law would raise costs and hurt sales. They also say that artists earn enough as it is.
Should the European plan fail, Paul McCartney (65) would cease to earn royalties as a performer on the first Beatles' album, "Please, Please Me," in six years' time.
As a songwriter he would continue to receive a share of earnings, albeit a smaller one. British composers and songwriters retain the copywright on their work for 70 years after their deaths.
The British Phonographic Industry, which represents record companies, has argued that having different standards for writers and performers is unfair.
In the United States, recording rights were extended to 95 years in 1998 after a similar battle.
One way artists have used their copyright ownership to make instant profits is by converting their work into “Bowie bonds,” bonds that guarantee investors a share of the artist’s future earnings.
British artist David Bowie pioneered the securitization of song royalties in 1997, when he collected $55 million for the first bond.
Because of falling record sales during the early 2000s, investor interest in Bowie bonds declined. But The Wall Street Journal reported in 2005 that the bonds are making a comeback thanks to a boom in legal digital downloading.
Headline Links: ‘Bands Set for Longer Music Rights’
Many musicians stand to get paid more for their music if the European Commission extends the period of time they can hold the copyright to their songs, the BBC reports. The commission wants to lengthen the current copyright period to 95 years.
Source: The BBC
Background: The copyright battle in Britain
British artist Sir Cliff Richard is at the forefront of a campaign to persuade the British government to extend the number of years performers can earn royalties from their music. The current rule gives performers 50 years of ownership. At the end of that period, their music becomes part of the public domain and can be reissued by anybody.
Source: The BBC
A report by a British parliamentary committee recommended in May 2007 that copyright terms for sound recordings be extended beyond the 50 years currently specified by the law. By contrast, novelists and composers own their work and collect payments from it throughout their entire lifetime plus an additional 70 years. Artists like Cliff Richard and Paul McCartney could stop receiving royalties from their earliest hits as soon as 2009 and 2013, respectively.
Source: International Herald Tribune
Related Links: The Bowie bonds
The Bowie bonds, or bonds that sell investors a piece of a musician’s future earnings, were named after singer/songwriter David Bowie, the first performer to sell music securities in this way. He earned $55 million from the deal. Despite their initial success, the Bowie bonds soon fell out of favor with investors because of a general decline across the music industry. But with the boom of digital music sales in the mid-2000s, music-backed bonds are regaining their appeal.
Source: The Wall Street Journal
Reference: Intellectual property rights
A musical composition is protected by the copyright law of the country of its creation from the moment “the songwriter physically fixes his or her idea, either in musical notes, or by using analog or digital recording capacities. Upon creation or fixation, depending on the national legislation, copyright protection automatically comes into force without further formalities,” according to the World Intellectual Property Organization.
Source: World Intellectual Property Organization







