The FAC welcomes the news that on the 12th of September 2011, the Council of the EU agreed to extend the copyright term for recordings from 50 to 70 years from release. It has taken nearly 10 years of hard campaigning by PPL, The Musicians Union and others to get to this point. This will go some way to bringing performers rights in line with author’s rights who enjoy protection of their works until 70 years after their death.
There are a number of accompanying measures which could make this very good news for featured and non-featured artists and not just the record companies but as always the devil is in the detail.
At present, we do not know if each member state has to implement these measures or if they can decide for themselves whether to or not. If the latter is the case we will be applying pressure to make sure the UK does so or this term extension will be nothing but bad news for all but the record companies and the most successful artists.
The accompanying measures are as follows:
• A ‘use it or lose it’ clause, which means the record company will have to hand over the recordings to performers it does not make available for sale. Unfortunately, there is no definition of how and where the recording should be made available so we shall have to see what happens here. Generally this should be good news not just for performers but the music buying public too as there are a large number of recordings held by record companies not currently available anywhere.
• A ’clean slate’ provision, which means that labels are not entitled to make any deductions from the contractual royalties due featured artists during the extended term. Good news again as long as the labels don’t find a way to reduce the artists share by other means.
• A 20% fund for session musicians. While we think it is a good idea in principal that session musicians should get paid something in their old age we would have like to have seen this taken from the record companies share alone and not off the gross as many recording contracts signed in the 50s, 60s and 70s entitle artists to pitifully small royalties before any deductions. We would like to see this money distributed by PPL as they are well placed to do this in a fair and transparent way.
Of course, we would have preferred it if the EU were to adopt the same system as the USA where copyright reverts back to the creator after 35 years but this is a significant step forward for featured artists.
The full text of the directive can be read here:
http://ec.europa.eu/internal_market/copyright/docs/term/2011_directive_en.pdf


We’re delighted to present a Q&A with FAC members A Genuine Freakshow- an independent band wholeheartedly embracing DIY (do-it-yourself) and DTF (direct-to-fan) strategies, touring exhaustively and still finding time to create great music.



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