[A2k] Re: Thanks ! EU : Copyright term extension for performers proposed

Thu Feb 28 13:00:05 2008

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Sorry about that =A1=A9 the list doesn=A1=AFt allow PDFs, so here is a URL =
I think
will allow you to get the PDF (called =A1=AEThe economics of releasing reco=
rds=A1=AF):
http://homepage.mac.com/nashtonhart/

On 28/02/2008 13:19, "Riaz K Tayob" <riazt@iafrica.com> wrote:

> Sir
>
> Thanks for the article, I look forward to reading it. The Gower's report,
> based on a the best scenario in a PWC study estimates 1 percent... so I g=
uess
> it is much ado about nothing (especially if grounded in an investment
> paradigm) so I look fwd to your perspective...
>
> Riaz
>
> Nick Ashton-Hart wrote:
>>
>> Dear Riaz:
>>
>> Are you talking about the share at the present time?
>>
>> If so, the PDF attached will probably be found illuminating. It is somet=
hing
>> I composed a while back, but it is still accurate.
>>
>>
>> On 19/02/2008 17:05, "Riaz K Tayob" <riazt@iafrica.com>
>> <mailto:riazt@iafrica.com>  wrote:
>>
>>
>>
>>>
>>> Is there any information on the share of the proceeds that go to the
>>> creators/innovators of works compared with the market intermediaries
>>> (like big music labels)?
>>>
>>> riaz
>>>
>>> Michelle Childs wrote:
>>>
>>>
>>>>
>>>>
>>>> <snip>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.
>>>>
>>>>
>>>> http://europa.eu/rapid/pressReleasesAction.do?reference=3DIP/08/240&fo=
rmat=3DHT
>>>> ML
>>>> &aged=3D0&language=3DEN&guiLanguage=3Den
>>>>
>>>>
>>>> IP/08/240
>>>>
>>>> Brussels, 14 February 2008
>>>> "Performing artists - no longer be the 'poor cousins' of the music
>>>> business" =A1=A9 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 =A1=A9 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 =A1=A9 whether featured artists or session musicians," the
>>>> Commissioner says. "For session musicians, the record companies will
>>>> set up a fund =A1=A9 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.
>>>>
>>>> Michelle Childs
>>>> Head of European Affairs
>>>> Knowledge Ecology International
>>>> michelle.childs@cptech.org
>>>>
>>>> "The world we have made, as a result of the level of thinking we have
>>>> done thus far, creates problems we cannot solve at the same level of
>>>> thinking at which we created them=A9=F7 Albert Einstein
>>>>
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>>>>
>>>>
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>>>>
>>>>
>>>>
>>>>
>>>>
>>>
>>> --
>>> Regards,
>>>
>>> Nick Ashton-Hart
>>> Tel: +33 (450) 42 81 83
>>> USA Tel: +1 (202) 657-5460
>>> Fax: : +41 (22) 594-85-44
>>> Mobile: +33  (68) 514 1633
>>> email: nashton@consensus.pro
>>> Win IM: ashtonhart@hotmail.com / AIM/iSight: nashtonhart@mac.com / Skyp=
e:
>>> nashtonhart
>>> Online Bio:   https://www.linkedin.com/in/ashtonhart
>>>
>>>

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