EU moves to extend copyright for performers

Musicians will retain copyright on sound recordings for 95 years if proposals from the European Commission (EC) are made law.

Although this means the likes of ageing rockers will continue to cash in on recordings; many of which are coming close to losing their copyright protection, the EC’s decision ignores recommendations from its own advisors that this would be uncompetitive and unnecessary.

Currently performers, such as Cliff Richard, the Beatles and the Rolling Stones retain copyright over their performances for 50 years. The writers of music and lyrics have their copyright protected for 70 years after their death.

EU Commissioner, Charlie McCreevy, who has battled before to get the extension into law, said: "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.”

However ,opponents argue that sound recordings of 50 years old or more should be released from copyright in order to benefit all society. A review carried out in 2006 for the UK Government by Andrew Gowers, former editor of the Financial Times, dismissed the music industry’s call for this extension; he even said he had considered shortening the term.

His decision to leave it at 50 years was backed by an EC report on copyright, The Recasting of Copyright & Related Rights for the Knowledge Economy as well as the Open Rights Group and some musicians' groups. They argue that not only will it stifle creativity but the record labels, rather than the performers, are the ones most likely to benefit

The British Library also warned that extending copyright would render nearly all of the UK's audio history into copyright and jeopardise its ability to preserve the national sound heritage.

Sound Copyright, a group of rights activists that lobbies against the extension, said the move would be "an injustice to European musicians and musical culture" , may harm the economy and only benefit a few.

"Major record labels want to keep control of sound recordings well beyond the current 50-year term so that they can continue to make marginal profits from the few recordings that are still commercially viable half a century after they were laid down," it said.

A proposal from the EC can only become a directive once it has been adopted by the European Parliament and the Council of Ministers.