EU extends term of protection for music recordings to 70 years

Yesterday, a majority of the European Council of Ministers adopted an amendment to Directive 2006/116/EC that extends the term of protection of the copyright related rights to sound recordings from 50 years to 70 years.

As we mentioned earlier this week, the amendement includes the modification of the 50-year term that derives from Article 3.2. Directive 93/98/EEC and the Berne Convention on the term of copyright and related rights. With the change, the rights of performing artists and producers are now secured for 70 years after the first performance or fixation of their production..

The international music industry organization IFPI welcomed the decision. Artists will have more income from royalties. Nowadays artists start at a younger age, at the end of their career (after 50 years), they would no longer receive royalties. With the extension of 20 years, artists can count on royalty income their whole lives. Moreover, there is more money available to invest in new talent.

However, not everyone is happy with the extension from 50 to 70 years. Most notably, the Netherlands, Belgium, Luxembourg and Sweden voted against the extension. The extension of related rights means for example that music from the 60s is no longer freely accessible.

MEP Marietje Schaake declared that the European Commission and the European Council did not listen to criticism form consumers and academics. To create a real successful European digital market for music, movies and information, the European Commission should modernise  copyright instead of extending it.

Despite the fact that the Netherlands voted against it, the amendment was adopted. This means that the decision must be implemented by all Member States within two years after publication, also in the Netherlands.

The protection of 70 years applies only to musical works, not for audiovisual work. Neighbouring Right Foundation for Musicians and Actors Agency (NORMA) indicates that they also want an extension for audiovisual works. Read the views of the Foundation here.

References: Press release EU Council of ministers, Ieforum.nl, IFPI en VPRO.nl

By: Karen Groen