Ireland IP & Technology Law Blog : Dublin Lawyers & Attorneys for Intellectual Property, Communications & Information Technology Law in Ireland, U.S. & England

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A new EU Directive extending the term of copyright protection in sound recordings from 50 years to 70 years has been recently passed. The ultimate aim of the new Directive is to help bridge the gap between the level of copyright protection given to authors and composers (70 years after their death) and that previously afforded to performers (50 years after the date of the initial performance). Colloquially it has been referred to as “Cliff Richard’s Law” because of this promise to ensure veteran rockers continue to earn royalties into their old age.

 Although this means a further 20 years of copyright royalties for an artist’s record label, as owner of copyright in the sound recording, it will also be a welcome development for the individual artist, as essentially the new Directive provides the following benefits for artists:

·         A “session musicians’ fund” has been set up to ensure that such performers obtain an additional revenue stream for the duration of the extended copyright term (i.e. during the extra 20 years). This fund will consist of contributions made by the record companies, who will have to pay 20% of their revenues earned during the extended period into the fund. In this way, the extension of protection provided to sound recordings will benefit not only record labels, but all performers;

·         Also, a practical tool with which performers can make the most of the new protection is the new “use it or lose it” clause. This means that the record company which owns the copyright in the sound recording must give the copyright back to the performer if it fails to market the recording during the extended period despite requests from the performer. The performers themselves will then be able to market the recording however or wherever they chose. In addition, the new Directive has placed a prohibition on record producers from deducting any royalties due to be paid to a performer during the extended period.

This has been hailed as a major triumph for musicians all over Europe, as, prior to this amendment, the 50 year term of protection awarded to performers invariably expired during their lifetime. Member States must implement the Directive by 1 November 2013.

See attached link to the new Directive.