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The Radio 3 Boards > General Chat > News And Current Affairs > The Copyright Thread
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Author Topic: The Copyright Thread  (Read 189 times)
increpatio
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« on: 12:16:06, 17-02-2008 »
From the EU Observer

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European internal market commissioner Charlie McCreevy today announced his intention to propose to the College that the term of copyright protection for European performers be increased from 50 to 95 years. Summarising the main thrust of the proposal, Commissioner McCreevy stated: "I strongly believe that copyright protection for Europe's performers represents a moral right to control the use of their work and earn a living from their performances. I have not seen a convincing reason why a composer of music should benefit from a term of copyright which extends to the composer's life and 70 years beyond, while the performer should only enjoy 50 years, often not even covering his lifetime It is the performer who gives life to the composition and while most of us have no idea who wrote our favourite song – we can usually name the performer."

Also, perhaps more interestingly

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The commissioner also intends to propose a "use it or lose it" provision. In the case where a record company is unwilling to re-release a performance during the extended term, the performer can move to another label.
« Last Edit: 12:17:57, 17-02-2008 by increpatio » Logged
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marbleflugel
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« Reply #1 on: 19:03:33, 17-02-2008 »
It's a bit late in the day in terms of popular music-where sampling is the norm-but some structuring of the agreements on remixes could work, and it would need to be be intra-national. Classically I guess the key issue is the hitherto cheap reissuing of back catalogue, which as the cats from Harmonia Mundi pointed`out recently on Record`Review, has dragged down the margins of new product for the majors rather than sold in bulk.
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Arnold Brown
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« Reply #2 on: 12:52:36, 18-02-2008 »
This rubbish rears its head again. Charlie McCreevy should know better.

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I have not seen a convincing reason why a composer of music should benefit from a term of copyright which extends to the composer's life and 70 years beyond, while the performer should only enjoy 50 years,

Indeed, there are few convincing reasons for the life +70 years; but this is surely a disincentive to do the same for performance rights. Why not reduce both to 50 years?

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The commissioner also intends to propose a "use it or lose it" provision. In the case where a record company is unwilling to re-release a performance during the extended term, the performer can move to another label.

I imagine that will be a cheap and easy business to unpick with respect to musicians who enjoy both composer and performer rights to their music... "Use it or lose it" is borrowed vaguely from trademark law (in which traders are obliged to defend infringements on their mark); I've no idea what the ramifications might be of mixing and matching two different branches of IP law, but I doubt it's as easy as this.
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harmonyharmony
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« Reply #3 on: 13:17:31, 18-02-2008 »
Quote from: marbleflugel on 19:03:33, 17-02-2008
It's a bit late in the day in terms of popular music-where sampling is the norm-

Does anyone know what the legal basis for sampling actually is?
I've seen a piece of software demonstrated that compares music (right down to single notes) to a database of available recordings to a high degree of accuracy. If it was common practice for the MCPS to run every single recording registered to them through this system, they could potentially destroy the practice of sampling in commercial music through financial disincentive (i.e. part of your royalty going elsewhere).
I'm probably awfully naive about all of this and someone's going to come along and demonstrate that in a minute but I don't mind!

Incidentally, that reminds me of the situation with arrangements. When I 'produced' a recording of Christmas carols a few years ago, I registered with the MCPS and was rather surprised to get back the statement showing that a fairly large percentage of the royalties for a number of carols were going to David Willcocks. Now, fair enough, Willcocks is registered as the arranger for all of these carols, but looking at the actual music and comparing it to earlier and other editions, the only part of the carol that he has actually arranged is always the last verse. In terms of the duration of the parts which are actually arr. Willcocks this is an amazingly efficient way of taking advantage of our wonderful copyright system.

[gets back in box]
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increpatio
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« Reply #4 on: 13:24:34, 18-02-2008 »
Quote from: harmonyharmony on 13:17:31, 18-02-2008
Quote from: marbleflugel on 19:03:33, 17-02-2008
It's a bit late in the day in terms of popular music-where sampling is the norm-
Does anyone know what the legal basis for sampling actually is?
You need written permission from the copyright-holder.

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If it was common practice for the MCPS to run every single recording registered to them through this system, they could potentially destroy the practice of sampling in commercial music through financial disincentive (i.e. part of your royalty going elsewhere).
Quite often sampling permissions are given gratis, especially if it's for very small snippits, I think.  That's how it used to be anyway.  Not sure how things are nowadays.
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« Reply #5 on: 16:09:47, 26-02-2008 »
SNP MP Peter Wishart has tabled the Sound Recordings (Copyright Term Extension) Bill 2007-08, which receives a second reading in Parliament next month.

Wishart used to be in Runrig and, according to the list of Members' interests:

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I receive royalty payments from EMI/Ridge Records for my recorded works with Runrig, with whom I serve as an unremunerated director.
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