The directive to extend the term of protection for performers and sound recordings to 70 years was adopted on 12 September 2011. The aim of the directive is to bring performers’ protection more in line with that already given to authors – 70 years after their death. The extended term will enable performers to earn money for a longer period of time and in any event throughout their lifetime. The income from copyright remuneration is important for performers, as they often do not have other regular salaried income. The extended term will also benefit record producers who will generate additional revenue from the sale of records in shops and on the internet. This should allow producers to adapt to the rapidly changing business environment and help them maintain their investment levels in new talent.
The directive also contains accompanying measures which aim specifically to help performers. The “use it or lose it” clauses which will now have to be included in the contracts linking performers to their record companies will allow performers to get their rights back if the record producer does not market the sound recording during the extended period. In this way the performer will be able to either find another record producer willing to sell his music or do it himself, something that is possible easily via the internet. Finally, record companies will have to set up a fund into which they will have to pay 20% of their revenues earned during the extended period. The money from this fund will be destined to help session musicians.
II. General Information
Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights
- O.J. EU No L (Legislation), Edition 265, Year 2011, p.1
- Regular Act
- Legal Basis
- Art. 47 Abs. 2, 55, 95 AEUV
- Legislative Procedure
- Codecision procedure
III. Versions and Legislative History
2. Legislative History
ABL. 2009/C 182/36
COM(2008) 464 final