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The rock dinosaurs of the 1960s are in line for a spectacular windfall after the EU announced plans yesterday to extend musicians’ entitlement to retrospective royalties from 50 to 95 years.
Sir Paul McCartney, Sir Cliff Richard and Roger Daltrey have all campaigned for what the record industry calls “the Beatles extension”, which will guarantee most artists royalties covering their entire careers.
The first Beatles recordings will come out of copyright in 2012 and EMI, which owns them, has been a leading campaigner for the change in legislation. Sir Cliff, 67, sees his first hit go out of copyright this year but under the EU proposal he would not lose a penny before his 113th birthday.
Daltrey, lead singer of The Who, has said that thousands of musicians have no pensions and rely on royalties in their old age. For many campaigners, however, the extra income is probably not essential for paying the winter heating bills. Yoko Ono and Barry Gibb were among 4,500 who took out a newspaper advertisement in 2006 calling for 95-year copyright control.
When the Government resisted their call, arguing that most performers would not benefit, the record industry pledged to take the fight to Europe. At the time, Sir Cliff said: “I’m absolutely fed up with singing Living Doll but I have sung it constantly since 1959 because every time I sing it live it generates sales of the original record and royalties to me.”
Charlie McCreevy, the Internal Market Commissioner, said yesterday that performers’ rights would be brought into line with those of authors, as is the case in America. He said: “A 95-year term would bridge the income gap that performers face when they turn 70, just as their early performances recorded in their twenties would lose protection. They will continue to be eligible for broadcast remuneration for performances in public places and compensation payments for private copying of their performances.”
President Sarkozy of France - a close friend of the venerable crooner Johnny Hallyday - had vowed to try to push the deal through the EU during France’s six-month presidency, which started this month.
Opponents of the proposal say that music lovers would suffer from an end to cheap compilations of old recordings. A government spokeswoman said: “The Government is not convinced that there is an economic case for extending the copyright term for performers. We would need to be convinced of real benefits, particularly that it is truly the performers who will benefit rather than the record labels.”
John Smith, of the Musicians’ Union, said that thousands of unsung heroes of vinyl would benefit. “Countless session musicians who have contributed so significantly to the musical heritage of the UK will greet this recognition with delight and relief.”
Anthony Baldwin, a musician and sound engineer who restores old recordings, said that the proposals marked a black day for music fans. “If the legislation gets through, you can say goodbye to independent European vintage CD reissues,” he said.
The proposals will be considered by the European Parliament and need majority approval by ministers.
Herbie Flowers, who played bass on Lou Reed’s Walk on the Wild Side and David Bowie’s Space Oddity, said: “The term of protection for performers has not kept up with life expectancy and it is high time it was changed. I played on a couple of very successful tracks, and it would be unfair for me to stop receiving income for these performances after 50 years - probably just at the time when I will need it the most.”
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Extending the duration of recording rights serves no purpose other than taking money out of Europe and sending it to the US and Japan. It is a treasonous proposal and should be treated as such. Any EP in favour of this proposal should be interrogated about their true motivations.
Branko Collin, Amsterdam,
Many musicians sign contracts for one-off payments when they make recordings. They will receive nothing under these new proposals. Small independent companies only reissue recordings that have been ignored by the major companies. Over 95% of recordings are deleted and lost within 5 years of release.
David Ades, Seavington St Michael, England
Copyright is the equivalent of a patent. So why do patents only last 10 years?
Brian Gilbert, Hamptin Middx, England
The British copyright law is absurd. Why should people like the surviving Beatles and their families be denied income from the talents of the Fab Four? After all, they wrote and recorded the songs. 95 years is a fair compromise as it allows the artists, their children and granchildren to benefit.
Rob Stormont, Sydney, Australia
if a radio station attracts an audience based on its playlisted material which then attracts an advertising revenue, they make money. So,if that station has attracted that audience and advertiser based that music, a slice should go to copyright holder. As long as it's played, it should be paid for.
george burton, UK,
Whilst I'm sure that the people pushing this through are the large companies, this will benefit every little musician that ever produced a song. I'm all for it. They made it, it's theirs.
Jonathan Sklan-Willis, Manchester, England
The difference with drug's is that the only people that manufacture them - and retain the rights - are the major corporations. Also, there is a much larger benefit to the public of having legal generics. Cheaper and by far. The two can't be compared.
Jonathan Sklan-Willis, Manchester, England
Writers of both music and lyrics already get royalties for 70 years after their death.
Copyright in sound recordings belongs not to the artists but to the record companies, This is a cynical ploy, now that they see their "cash cows" slipping from their grasp. Odd how they never bothered before.
Richard, East Grinstead,
The government-commissioned Gowers Review in the UK advised against this change, arguing that term extension would result in increased costs imposed on the wider economy and society.
Find out more at http://www.soundcopyright.eu/learn
Michael Davies, Inverness, United Kingdom
The change in the law is not really for the likes of Cliff Richard, it's for the likes of EMI. Most of the really valuable copyrights belong to a small number of large companies.
TLJ, Birmingham,
Actually if this goes through band like the Beatles would be more likely and willing to put out upgraded and remastered versions of their work since they would continue to benefit. I am all for this. If I create something I should be able to pass it on you mu children like and property owner.
Maslov, San Francisco,
Copyright (limited to "one and twenty years") was devised by the government of 1709. About a decade later economic thought had advanced so far that the government was able to devise the South Sea Bubble.
_Felix, Nottingham,
Why should the UK government object to this? Im sure that with extra income there will be a lot of old needy ex-musicians who will then fall out of needing extra financial help from the government.
Or is the current deal far more financially beneficial to the government?
Makes you wonder...
G Smith, Coventry, England
Oh how sweet. So Pop music effectively gets immortal protection however new pharmaceuticals barely get to market before their protection runs out. If I was in the business of making a profit, I'd switch from researching for life saving compounds to producing three and a half minute tunes.
Terry Bruce, Reading, UK
I say scrap copyright altogether! Why should a select few be paid for a few minutes work they did in the past? If they want to earn money from music then they can get paid by performing like everyone else who works.
End copyright and the pop idol wannabes will disappear.
Chris, Littlehampton, UK
most seem to talk about the big names, but what about the one hit wonders and the session musicians, these artists are in the majority and need the income in their later years. ther work gave pleasure and many memories
gordon, plancoet , france
If this copyright extension goes into effect, then Beatles fans can say goodbye to any chance that Apple Corps(The Beatles' company) will ever agree to permit EMI Records to release the upgraded, remastered Beatles CD's that fans worldwide desire.
Phil Cohen, Bay Harbor Islands,Florida, U.S.A.
I am not a musician,but I still think that artists and composers
should be entitled to benefit from their works for the longer,proposed time period.
Nigel Thompson, Phuket, THAILAND
Another European law dictated by corporations that will be approved without consulting the public - the limits on royalty payments are there to move culture in the public demain where it belongs.
I hope nobody who reads this article ever buys an EMI CD again.
pete, london,
In a hundred years our descendents will laugh at copyright. Artists should make money on creating a song for about three years and then it should end. Why Paul McCartney should be paid every time Fool on the Hill is played in an elevator is beyond me. But for Edison he would not. Abolish it.
Phil Mornay, Hong Kong,
I don't see why the consumer should suffer simply because the original musicians were financially irresponsible. Back when they wrote these songs, they knew what the law was, and could've made some arrangements, rather than squandering it all.
Sam, Shanghai,
You know, I love the Beatles and Paul McCartney, but even after his divorce, does he really need a few million more? Why do these artists get paid for work they did 50 years ago? I certainly won't.
Pat, Dallas, USA
It's really hard to defend that as well as dining out on successes from the distant past, that these artists need to keep accruing further royalties. Can't they record, or tour, etc, in a word, work? What is Mr Daltrey going to do with the $? Buy another trout farm?
Jason Kennedy, Antigua, Guatemala