Posted on 07/27/2007 12:09:42 PM PDT by weegee
Music copyrights will remain fixed at 50 years after the British government decided against extending their term to as much as 95 years. In May, the Parliamentary Select Committee on Culture, Media, and Sport had recommended that the term be lengthened to bring it more in line with copyright terms in the rest of the world (95 years in the US).
Related StoriesBeatles music to start entering UK public domain in 2012? Gowers: I took the "politically prudent" course on copyright in IP report Compulsory music licenses to get Congressional overhaul courtesy of "Mr. Hollywood" Court declines to postpone Internet radio royalty hike The music industry had lobbied the government hard for a copyright extension, saying that it was necessary to protect the rights of musicians, especially groundbreaking acts whose older songs were about to hit the 50-year limit. Reuters notes that Cliff Richard will no longer receive royalties from his 1958 hit Move It! once the song hits the 50-year-old mark next year.
Criticism from the music industry has come fast and furious in the wake of the government's decision. "Thousands of musicians have no pensions and rely on royalties to support themselves," said Roger Daltry, lead singer of The Who. "These people helped to create one of Britain's most successful industries, poured money into the British economy and enriched people's lives. They are not asking for a handout, just a fair reward for their creative endeavors."
International Federation of the Phonographic Industry CEO John Kennedy joined in the criticism. "Some of the greatest works of British music will soon be taken away from the artists who performed them and the companies that invested in them," said Kennedy. "Extending copyright term would promote vital investment in young talent and new music, all of which will help to secure the UK's future as an exciting music market."
Critics of extended copyright protection point out that musicians already enjoy 50 years of royalties and that copyright laws attempt to balance the rights of artists with a desire to encourage new works and ensure a rich public domain for new artists to build on.
Although the Parliament committee supported extending the copyright term, a committee charged with examining the UK's IP laws said that expanding the copyright term was not a good idea. Former Financial Times head Andrew Gowers, who led the committee that produced the report, said earlier this year that his committee's work actually led them to conclude that the length of music copyrights should be reduced, not increased. Political realities made arguments for reducing copyright terms unworkable, he said. "I could have made a case for reducing it based on the economic arguments," said Gowers. "As it is, we left it in place rather than increasing it to 95 years as some of the music industry wanted and again, I think we steered a happy middle course rather than siding with one or other of the opposite poles of this debate."
The recording industry can still attempt to make its case to the European Union that copyright should be extended and made uniform throughout the EU, but it will not get the backing of the UK government in doing so.
Rock and Roll PING!
Oh, that hurts!
(It's an age thing, not a wish for or against royalties)
Personally view this move by the British government.
Tarzan books are in the public domain but the ERB estate trademarked the literary character in the later years in an effort to prevent others from using the character.
I believe the Oz characters have been written into new works by a number of authors with the characters in the public domain.
While Disney Inc. has tried to keep Mickey Mouse from ever becoming public domain, they have litigated to get Winnie the Pooh INTO the public domain because they did not create the character and don’t want to pay royalties/licensing fees.
They did voluntarily pay the ERB estate when they made their Tarzan film but it may not have been necessary.
None of the original authors see a dime more either way. They are dead.
In the music biz, many artists couldn’t make money off their own songs because they did not own their own publishing and also because of crooked accounting processes.
If the works lapse into the public domain, the creators of these works will be able to release the “signature” version even if there is a cheaper “no frills budget” release.
Why was it okay for Ted Heath’s music to lapse into the public domain but not Cliff Richards’? Why Louis Armstrong but not Elvis?
The arguments are hollow.
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