EU debate on extending term of copyright protection may benefit artists

Musicians could win longer copyright protection of their work in the European Union this month, according to Reuters. A European Union official told the press agency that "Although some countries are opposed, it seems likely that copyright protection will be extended to 70 years."

The permanent representatives committee at the EU Council of Ministers is meeting this week and discusses whether it should support a change to EU Directive 2006/116, that would result in the term of copyright protection for sound recordings to be increased from 50 years to 70 years.

The current term is set by EU Directive 2006/116 on the term of protection of copyright and certain related rights. The Directive harmonises the duration of copyright protection for sound recordings across EU member states. Article 3 of this Directive prescribes that ‘related rights’ expire 50 years after the first performance or ‘fixation’. Legally, the rights to sound recordings are ‘related rights’.

The amendment would provide some extra royalties for artists and their record labels in the years to come. Surely the labels will welcome such a decision, as music revenues decline. The 50-year term derives from Article 3.2. of Directive 93/98/EEC and the Berne convention on the protection of works of literacy and artistic works.

In many countries, the duration of copyright protection is actually longer than the minimum standard set in Berne. The IFPI's Chief Executive Frances Moore commented on this issue: "Extending the term of protection to 70 years would narrow the gap between Europe and its international partners and improve the conditions for investment in new talent." In the U.S., for example, music copyright lasts for 95 years after recording, while authors of written works and their estates keep the rights to their works for 70 years after the author's death in many countries.

Sources: Reuters, Out-Law