Good news for fans of long copyright terms. As expected, the European Commission yesterday formally proposed to extend the copyright term for recordings from 50 years to 95 years, bringing European recording copyrights in line with the US.
As much previously reported, the record industry and recording artist community have been lobbying hard for an extension in their copyright term, wary that many of the legendary rock n roll recordings of the late fifties and early sixties are about to come out of copyright. That lobbying effort was dealt a blow in the UK when the government-commissioned Gowers Review of copyright law decreed the current fifty-year term was ample. But their campaign gained a new momentum earlier this year when the EC's Internal Market Commissioner Charlie McCreevy gave his support to a term extension.
It was McCreevy's proposals that were officially released yesterday. Referencing the fact that composers get a copyright term of life plus seventy years, he said that performers were the "poor cousins of the music business", adding that: "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". The proposals - specifics of which I am still to work out - would need to get the approval of the European Parliament and each national government in the EU to become law. As it would require a change to the UK Copyright Act the whole thing would also have to go through our parliament.
Despite McCreevy's formal proposal document being the first step in a considerable legislative journey, all the trade bodies and collecting societies whose members have a vested interest in a longer recording copyright term lined up to say "hurrah" and "woo" and "jolly good show". Or words to that effect.
Fran Nevrkla of recording royalty collecting society PPL said: "We welcome these extremely positive developments. The issue of copyright term extension is long overdue but finally the draft proposals recognise the critical and hitherto missing elements of natural justice and fairness both for performers as well as the companies who invest in the talent".
John Kennedy, top man at the International Federation Of The Phonographic Industry, said: "Commissioner McCreevy has shown great vision and determination in taking this important initiative which is vital to the competitiveness of the European music sector. Equalising term of protection with the US will achieve fairness for European artists and promote industry investment in new talent, with a positive impact on consumer choice".
Helen Smith of pan-European indie label trade body IMPALA added: "Equalising term of protection with the US is an excellent opportunity for Europe to promote creative SMEs in particular and further progress towards Europe's goal of becoming a leading knowledge-based society. Those most affected by this proposal will be hundreds of thousands of individual artists, as well as thousands of micro, small and medium-sized music companies which produce so much of the innovative music released in Europe today".
Feargal Sharkey in his British Music Rights CEO role said: "I am especially pleased that today's announcement focuses on the 'invisible' members of our industry - the musicians, engineers and session players whose names are hidden away in the liner notes and credits. It is they, and not just 'featured' artists and record labels, who could derive real benefits from this move - and at a time in life when their earning power would be severely diminished".
Despite all that, most industry players said they saw McCreevy's document as just a starting point in addressing music copyright issues. The IFPI and IMPALA's joint statement said "The Commission proposal needs further work if it is to be effective. IFPI and IMPALA are committed to working with the EU institutions to iron out the remaining issues in the proposal to make it workable for both performers and producers". Meanwhile Sharkey concluded thus: "This is only a first step. A healthy copyright system not only requires equilibrium between creator and consumer, but also between creator and investor. British Music Rights will do all it can to assist the Commission and all music industry sectors directly involved, and looks forward, where appropriate, to taking a full and more active role in that process".