[A2k] "Performing artists - no longer be the 'poor cousins' of the music business" - Charlie McCreevy

Thu Feb 14 17:08:01 2008

See also :
http://paigrain.debatpublic.net/?p=3D119

Philippe Aigrain

Le jeudi 14 f=E9vrier 2008, Barbara Stratton a =E9crit :
> It never rains but it pours
>
> Barbara Stratton
> Senior Policy Adviser, CILIP: the Chartered Institute of Library and
> Information Professionals, UK
>
>
> Europa Rapid Press Release
> Reference:  IP/08/240    Date:  14/02/2008
> http://europa.eu/rapid/pressReleasesAction.do?reference=3DIP/08/240&forma=
t
> =3DHTML&aged=3D0&language=3DEN&guiLanguage=3Den
>
>
> "Performing artists - no longer be the 'poor cousins' of the music
> business" - Charlie McCreevy
>
> 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."
>
> The Internal Market Commissioner intends to bring forward a proposal to
> extend the term of protection for sound recordings to 95 years. This
> proposal should be ready for adoption by the Commission before the
> summer break of 2008.
>
> If nothing is done, thousands of European performers who recorded in the
> late fifties and sixties will lose all of their airplay royalties over
> the next ten years. "I am not talking about featured artists like Cliff
> Richard or Charles Aznavour. I am talking about the thousands of
> anonymous session musicians who contributed to sound recordings in the
> late fifties and sixties. They will no longer get airplay royalties from
> their recordings. But these royalties are often their sole pension",
> says Commissioner Charlie Mc Creevy in describing the rationale behind
> his proposal.
>
> "I am determined to ensure that this extension will benefit all artists
> - whether featured artists or session musicians," the Commissioner says.
> "For session musicians, the record companies will set up a fund - a
> substantial fund reserving at least 20% of the income during the
> extended term to them. For featured artists, original advances may no
> longer be set off against royalties in the extended term. That means the
> artist would get all the royalties during the extended term." he adds.
>
> The Commissioner also proposes a 'use it or lose it' provision. That
> means that, in case a record company is unwilling to re-release a
> performance during the extended term, the performer can move to another
> label.
>
> Filling the pension gap
>
> A Commission survey shows that many European performers or singers start
> their career in their early 20's. Session musicians, who are not a
> member of a band, often start performing when they are 17. That means
> that when the current 50 year protection ends, they will be in their
> 70's and given life expectancy in the EU - 75 years for men and 81 years
> for women - it is not unusual for performers to live well into their
> 80's and 90's.
>
> But once copyright protection for sound recordings has ended, performers
> no longer receive any income from their sound recordings. For session
> musicians and lesser known artists that means that income stops when
> performers are at the most vulnerable period of their lives
> (retirement). They will also not get any payment when their performances
> are sold on the Internet.
>
> No negative impact on consumer prices
>
> The Commissioner stressed that the proposal should not have a negative
> impact on consumer prices. "Empirical studies on the price effects of
> copyright protection show that the price of sound recordings that are
> out of copyright is not necessarily lower than that of sound recordings
> in copyright.
>
> No negative impact on Europe's external trade balance
>
> The Commission has also looked at the trade implications of a longer
> term of protection and provisionally concludes that most of the
> additional revenue collected in an extended term would stay in Europe
> and benefit European performers. This is good for promoting Europe's
> performers and the cultural vibrancy of European sound recordings.
>
> See also
>
> Bands set for longer music rights
> BBC News 14/02/08 http://news.bbc.co.uk/1/hi/business/7244928.stm
>
>
>
>
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