[Ecommerce] European Copyright Clock Ticking on Elvis Hits

[James Love]

-------- Original Message --------
Subject: [Random-bits] European Copyright Clock Ticking on Elvis Hits
Date: Sat, 17 Jul 2004 22:38:20 -0400
From: James Love <james.love@cptech.org>
To: random-bits@lists.essential.org

*  Many recordings from the '50s and the '60s will start falling into
public domain in the coming years.  Bruce Welch is bass guitarist with
the Shadows, originally the backing group for Cliff Richard (news).
Richard's and the Shadows' copyrights will start to expire when they hit
the 50-year mark in 2009.

*  "It's scary," Welch said during a 37-date sold-out tour of the United
Kingdom. "I only became aware of the situation last year ... Our stuff
is still selling, and there's about 250 various compilation albums out
there worldwide. I'd like the period extended as soon as possible, and
95 years sounds good to me."



European Copyright Clock Ticking on Elvis Hits

Fri Jul 16, 8:43 PM ET
By Emmanuel Legrand and Nigel Hunter

LONDON (Billboard) - Fifty years after it was first released in the
United States, Elvis Presley (news)'s "That's All Right" is a hit in
Great Britain.

The single entered the British charts last week at No. 3. But for BMG,
the company releasing the track, the celebration might be short-lived.

If there are no changes in European copyright law, the track will fall
into public domain Jan. 1, 2005. Anyone will be able to release it
without paying royalties to the owners of the master or the performer's
heirs. BMG will start losing a significant piece of its catalog income
in Europe.

As "That's All Right" is being hailed by some as the beginning of rock
'n' roll, the implications are that every year after 2005, more
recordings that defined the genre will fall into public domain.

In the United States, BMG will continue to own the rights to the
recording. Under the 1998 Sonny Bono Copyright Term Extension Act, sound
recordings are protected for 95 years from the day of recording in the
United States -- for post-1976 recordings, coverage is the artist's life
plus 70 years.

In most of the European Union (news - web sites), the duration is 50
years after the first release of a sound recording.

The Elvis case illustrates the importance of the issue for record
companies in Europe. It also highlights the discrepancy between Europe
and the United States.

WAKEUP CALL

"I regard this week's anniversary as a wakeup call and a call to arms to
step up a gear or two in our campaign to lobby for a similar term in the
EU," said Peter Jamieson, executive chairman of British Phonograph
Industry, in a recent speech.

Jamieson added, "The end of the sound recording copyright on the
explosion of British popular music in the late '50s and '60s, not just
the Beatles, but many other British artists, is only a short period
away. If nothing is done they will suffer loss of income not just for
their sales in the U.K. but their sales across the globe."

Many recordings from the '50s and the '60s will start falling into
public domain in the coming years.

Bruce Welch is bass guitarist with the Shadows, originally the backing
group for Cliff Richard (news). Richard's and the Shadows' copyrights
will start to expire when they hit the 50-year mark in 2009.

"It's scary," Welch said during a 37-date sold-out tour of the United
Kingdom. "I only became aware of the situation last year ... Our stuff
is still selling, and there's about 250 various compilation albums out
there worldwide. I'd like the period extended as soon as possible, and
95 years sounds good to me."

Against this background, it is not surprising that the extension of the
term of duration of recording rights is the music industry's main
priority on the legislative agenda in Europe.

The EU is reviewing its past directives on intellectual property,
notably the EU Term of Protection directive. With this in mind, trade
body the International Federation of the Phonographic Industry last year
asked the European Commission (news - web sites) for an extension of
Term of Protection for producers and artists with the goal of ending the
discrepancy between the United States and the EU.

The IFPI has started a campaign to raise awareness among policy makers
and legislators on the issue. It targets EU member states, the EC and
the Parliament.

"We are using any opportunity we have to highlight the issue during
meetings with the commission and MEPs," said Brussels-based IFPI senior
communications executive Francine Cunningham.



Reuters/Billboard


--
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040

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--
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040