Proposed extension of copyright term for sound recordings

The European Commission has proposed a directive to extend the copyright term for sound recordings.

Currently, copyright in sound recordings exists for 50 years, whilst copyright in music compositions, scores and lyrics exists for the life of the creator and for a further period of 70 years after the creator’s death.

The Commission’s proposal will no doubt be welcomed by record labels, performers and music industry bodies wanting to extend the period during which their rights in the sound recordings can be protected. However, critics argue that the proposal will be detrimental to the music industry and that it will stifle innovation and creativity and alienate the younger generation who may wish to re-use and re-mix the recordings.

In reaching its proposal, the Commission appears to have disregarded studies by leading academics which it funded. In the UK, the Gowers Report on intellectual property (which was an independent report carried out in 2006 at the request of the government), considered and dismissed any extension of the copyright term and, in fact, considered reducing it to below 50 years.

The Commission did not, however, agree with this approach. We will now wait to see whether the Commission’s proposal will be formally adopted.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the
accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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