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UK Rejects Extending Music Copyright

timrichardson writes "The British Government has rejected extending copyright for sound recordings. This is an important development in the face of trends to extend copyright duration, although it leaves British copyright protection for music recordings at a shorter duration than for written works. The decision came despite fierce lobbying from the large British music industry. The music industry will now lobby directly to the European Commission, but without the support of the national government, its position is significantly weakened. British copyright for music recordings therefore remains at 50 years after the date of release of a recording, in contrast to 95 years in the US and 70 years in Australia."

21 of 338 comments (clear)

  1. Agreed. by Macthorpe · · Score: 2, Interesting

    I don't mind the artist getting paid every time someone enjoys the song, but they're hardly going to benefit after they've bitten the big one, so I don't understand why they don't incorporate such a limit.

    Why not make it 25 years or the death of the artist, whichever comes later? So if said artist is still alive after that length of time they still have rights to their work until they die, but if they die the record companies can't keep earning money in perpetuity for work someone else did, forcing them to continue innovating and finding new talent.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    1. Re:Agreed. by Anonymous Coward · · Score: 1, Interesting

      Suppose a young musician is moderately popular, and is out on tour. Suppose (s)he dies in an accident, and their death sparks a tidal wave of interest in the musician.

      Then the works would be protected for 25 years.

      Now what if they had a very young child and widow? Are you suggesting the child and widow should be on welfare or be a working single-parent, when their spouse had more than enough money to support them if only they weren't screwed over by a copyright expiring at the artist's death?

      Suppose a young programmer is quite good, and is out on client site. Suppose (s)he dies in an car accident. Now what if they had a very young child and widow? Are you suggesting the child and widow should be on welfare or be a working single-parent. I'm pretty sure the dead programmer would've wanted his family taken care of. Won't somebody think of the children? The poor, bereaved, destitute children. Think of them and pass some knee-jerk laws that benefit big corporations, and by "big corporations" we really mean "a few already-obscenely wealthy people who own big corporations".

  2. Software next? by ItsLenny · · Score: 3, Interesting

    ...so what about other copyrights? I say they do the same for software.. but since the life expectancy of great software is shorter then great music lets say after 5 years software becomes public domain... XP came out in 2001... so it should be public domain now PS.. I realize the irony in using the word great software then jumping to XP...

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    Trying to fix or change something only guarantees and perpetuates it's existence
    1. Re:Software next? by ItsLenny · · Score: 2, Interesting

      WOW

      I was actually just being facetious.

      HOWEVER.. with a longer time line (as you suggest) it reads as a very good idea for reasons you already stated which I won't reiterate.

      however 20 years would leave us before even windows 3.1 10 years would give us 95 to play with.. but admittedly since there are still features of windows 95 AND 3.1 in vista... maybe some secrets are still too new

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      Trying to fix or change something only guarantees and perpetuates it's existence
    2. Re:Software next? by TheRaven64 · · Score: 3, Interesting

      however 20 years would leave us before even windows 3.1 10 years would give us 95 to play with Of course, it would only give us the binaries, not the source. More interesting, perhaps, is that this year 2.10BSD and SysV R3.2 would enter the public domain, as would Minix 1.0. The original UNIX releases would all be in the public domain already, and so would early versions of VMS. I don't know if QNX was source-available, but if it were then we'd also have QNX 2.0 already.
      --
      I am TheRaven on Soylent News
    3. Re:Software next? by TheRaven64 · · Score: 3, Interesting

      I wouldn't give developers more than 5 years copyright for any of their works, maybe we could add another 5 year extension if they share the source and under law after the 10 years the code would be open source and in the public domain. This would have a significant negative impact on GPL'd software. Linux 2.4.18 and 2.5.18 would be entering the public domain now, and anything useful in them could be scooped up and put into proprietary software. Windows XP would also be in the public domain, but the source code wouldn't be available so it wouldn't be much use to anyone (and the service packs wouldn't be in the public domain, neither would any security fixes from after 2002, so you couldn't legally use it for anything requiring moderate security).

      One way of countering this would be to make copyright duration inversely proportional to the strictness of the original license. Make the base term five years, and then add two years for each of the extra rights granted (e.g. source availability, distribution, modification, distribution of modifications, distribution without source). Software released under BSD or MIT type licenses not falling into the public domain for a long time doesn't cause anyone many problems, since the code is sufficiently close to being public domain already that most people can treat it as if it is. Think of it as public domain on an instalment plan; if you disclaim some of the rights granted by copyright, you get to hang onto the others for longer.

      --
      I am TheRaven on Soylent News
  3. Re:Why can't the authour decide? by ItsLenny · · Score: 3, Interesting

    I agree.. they should limit how long the RECORD COMPANY can hold the copyright... at end of said time limit it gets turned over to the artist (say 10 years) If the artist is dead.. it goes public as far as it going on past their life time... if the person is smart they made enough money with it and left some to their family in a will or trust or whatever (just like any other normal person has to do)

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    Trying to fix or change something only guarantees and perpetuates it's existence
  4. Not only about money. by Anonymous Coward · · Score: 1, Interesting

    You are assuming that copyright is only about money. It is not.
    When Britney Spears wants to cover your 45 year old rock n' roll masterpiece, you want to have a say, don't you?
    When a neo-nazi group changes the words of your anthem to support their politics, you want to have a say, don't you?

  5. Remixing by gingerTabs · · Score: 4, Interesting

    So I guess this means that fairly soon there'll be a huge right of people in the UK to remix old music to their hearts content and release it to the UK market only with no royalty implications, but when it is released internationally the original artist will still be able to claim royalties off of sales.

    Sounds like quite a good deal actually

  6. Re:*heh* by OrangeTide · · Score: 4, Interesting

    How is that different from me having to work for years before I can rise up through the ranks in my company, or leave and start my own company?

    Also a better way to make money is to be a record company executive, instead of trying to be a musician. Trying to get rich AND famous is a dream for losers. There are much more reliable ways to make tons of money than being a star (movie, sports or pop).

    A some musicians get bitten by the Jazz bug during their rise in skill, and never become rich and famous. Not much money in Jazz, but musicians seem very dedicated to it. whatever makes you happy really.

    But I think the question is, just because it takes some talent to be a top novelist, rich pop star, etc. why do they get a century long monopoly on their creations? Why not extend the same benefits to professional athletes, investment bankers and brain surgeons. They all had to work hard to be where they are, and none of them can earn royalties into future generations.

    This is especially interesting to consider when you realize that a professional athlete can't continue to play into old age. Their body wears out and they eventually retire. While musicians like Mick Jagger can play for many many years (he's a grandfather), but still able to play and make money. I would argue he could continue to have a vast fortune without life-time copyright protections.

    Why do we need a huge infrastructure of litigation and copyright enforcement? what benefits does it give society? Don't get me wrong, I'm not some sort of socialist, far from it. I am strongly support that individuals should have many rights and privileges and individuals should be protected from broad community interference. But also I don't think immortal corporations and organizations should have as many rights as human individuals do. sometimes it seems like they have more, but maybe it's power that money can buy.

    --
    “Common sense is not so common.” — Voltaire
  7. Re:Excellent, govnt. got it right for once by iainl · · Score: 2, Interesting

    I heard it slightly differently, but there surely can't be a coincidence that whenever Ferrari announce a new hypercar (F40, F50, Enzo, FXX) that the Floyd suddenly break silence again...

    --
    "I Know You Are But What Am I?"
  8. Ukians? Thinking of voting Conservative? by maroberts · · Score: 5, Interesting

    ...don't until you've got an announcement of a reversal of policy on copyright. I got this reply after expressing my concerns about a speech David Cameron gave to the BPI.

    Dear Mr Roberts,

    I am writing on behalf of David Cameron to thank you for your e-mail
    following David's recent speech to the British Phonographic Industry
    AGM.

    There is little doubt that copyright theft is a major threat to the
    future of our creative industries. Last year alone an estimated 20
    billion music files were downloaded illegally. We must also not forget
    the strong evidence showing that much of the profit from illegal
    downloads and piracy goes to fund drugs and organised crime. Taking
    proper measures to protect our musicians and artists from such theft
    will allow more money to end up with musicians and artists, and will
    allow the music industry to reinvest in developing and nurturing new
    talent.

    That is why David supports the extension of copyright term from the
    current 50 years to 70 years. This would reduce the disparity between
    the length of copyright term given to composers and that granted to
    producers and performers, and will protect the thousands of musicians
    who will lose the rights to their recordings over the next ten years.
    Some people think these are all multi-millionaire rock stars, but the
    reality is that many are low-earning session musicians who will be
    losing a vital pension.

    Finally, we believe that extending copyright term will not only allow
    record companies to further reinvest in developing the next generation
    of musical talent, it will also encourage the industry to digitise both
    older and niche repertoire which will be good for all music fans.

    Thank you, once again, for getting in touch.
    Yours sincerely,

    Honor Fishburn
    Office of David Cameron MP
    House of Commons
    London SW1A 0AA

    My original message was:

    David Cameron is not winning friends and influencing people by the
    speech to the BPI. The recording industry is small, and overly vocal,
    while there are a vast number of people who expect that copyright should
    protect the immediate future of artists, but should not drag on to the
    obscene level of 50 or 70 years after the death of the artist or
    publication. Many people wonder what is so special about music when
    designs and patents only extend for 20 years or so. Like patents,
    copyright should be a deal; protection for a limited term in exchange
    for placing ideas into the public pool.

    Copyright and Patents are designed to encourage people to place their
    ideas into the open so that other people may use them immediately at a
    cost, and so that the ideas therein may become part of the Public body
    of knowledge, available to all for the good of all.

    Far from campaigning for an increase in the length of copyright, its
    duration should be reduced to that similar to patents.

    This argument has been dragging on for ages. He should really read a
    speech by Thomas McCauley on Copyright from 1841, the opinions therein
    are still just as valid today.

    The byline on this form states
    "Conservatives are tackling the issues that matter to the mainstream
    majority."; in making this speech Mr Cameron is pandering to an
    overprivileged minority. Their ideas and products deserve protection for
    a limited term, not fossilisation for ever.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:Ukians? Thinking of voting Conservative? by jez9999 · · Score: 2, Interesting

      How about, just don't? David Cameron has proven himself to be pretty much Blair 2, turning the Conservatives into New Labour 2 and raping many of their best policies. He has an antiquated view on many things, including the electoral system, drugs, prisons (let's build more and throw more in!), and many other things.

      Vote Lib Dem... hell, I never thought I'd say this, but I think I'd rather see New Labour in under Brown than Cameron in. Blair, OK, I would've preferred Cameron, but Brown is actually better. Not much, but Cameron sucks balls. Don't vote for him.

  9. Called them on the Bull by maroberts · · Score: 2, Interesting

    I sent this reply and am waiting to see what the response is:

    Thankyou for responding to my email. Whilst I thank you for the reply, I do not think that the Party has thought its policy through on this issue.

    Mr Cameron seems to have swallowed the industry spiel hook line and sinker.

    The majority of "illegal" downloads were between normal people as a result of filesharing, and if the copyright law came down to a reasonable level, then these would be de facto illegal downloads would no longer be illegal. You should note that far from taking action against these mysterious "organised crime" figures, most download actions in court were taken against people like students. If it were not for Napster (illegal after a lot of court decisions) we would not even have royalties from downloads. The attitude on copyright is actually stifling innovation that would benefit the public at large.

    The industry does have a right to initial protection, that is not an issue in dispute, but again, just because composers are given an unjust length of time in terms of copyright protection does not mean you should extend the injustice to all involved in the music industry.

    I doubt you can name a large number of session musicians who are earning a reasonable pension from rights. Only 1-2% of any recordings have any worthwhile value after 20 years, so these session musicians are unlikely to be living a life of riley unless they have set up proper pensions like the rest of us have to. I suggest you challenge the music industry to see if they can put some figures as to how many session musicians are earning a reasonable income from their work more than 20 years ago, and I will suspect that it is extremely few. Only major performers and their heirs will really continue to significant income from these performances. Again, the Conservative party seems to have fallen into the trap of protecting a very small minority at the expense of the vast majority.

    You seem to think that this is beneficial to musicians; it isn't. By freeing into the public domain a vast amount of work that new musicians can sample and replay without costs you would encourage a whole new generation able to innovate and derive without fear of prosecution.

    I am aware that there is a difference between the Gowers report and the Select Committee report on the issue. Siding with the musicians seems ridiculous; for example I note from Hansard on 21st May that the discussion involved an MP concerned about his constituent "Fast Eddie Clarke" of Motorhead. Not to be rude, but Motorhead is a perfect example of one of the few well off bands who would benefit at the expense of the many. None of the rest of us working in day to day jobs will have royalty arrangements which will be inherited by his heirs. I do not begrudge Mr Clarke his musical success, or passing on what he earns in life to his heirs, but I do not see why this should effectively continue ad infinitum. Music copyright has effectively created a new peerage system, where you earn money purely because of who your father/ mother was.

    In terms of votes, you're siding with the wrong side i.e the few instead of the many. I have generally welcomed the change in attitude of the Conservative Party, who I have long voted for but not without qualms about its cold social attitude. Under David Cameron, whether he is successful or not in his other endeavors, I will say that his best change has been to make the Conservatives more mainstream, warmer and less hostile. David Cameron's stated policy on this issue cannot be upheld.

    Perhaps the most damning indictment on this issue can be stated thus: If I were a medical researcher and came up with a cure for Cancer, AIDs, or Malaria then I would not get "life+70 years" or even 50 years of royalties. I would get a patent for (give or take a few) about 20 years. I certainly would not get a royalty stream to "pass on to my heirs". I could responsibly invest the money I earned over those 20 years to provide security for my heirs, or I could spend it on a "rock and roll" lifestyle. It is regarded as a public good that protection should end after a limited time, resulting in lower cost medicine, and I do not see why artists should not have the same rules.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  10. Re:No campaign donations? No bribes? by steve_l · · Score: 2, Interesting

    There was an early-day motion by some 50+ MPs saying "extend it for the sake of the artists". My own mp was one, so I complained and got an apology back -once he understood the details more he had removed is name from the motion.

    I guess the bribes werent big enough, not when you are an MP in a university town with all those students to upset

  11. Re:*heh* by Ngwenya · · Score: 2, Interesting

    If anything, we should be looking at reducing the length of copyright for written works (books and stuff) to match that for music.


    Actually, Andrew Gowers (chairman of the copyright review) said that there is a solid economic case for reducing copyright - but that only political reality prevented his panel from recommending such an action. Traditionally, big copyright has represented reduction in copyright term as expropriating their income without due compensation. Perverse, I know, but there you go. We could just reduce copyright terms for future works, and see if artists create less. If they create at the same rate, it must mean that copyright was too long.

    --Ng
  12. Fair enough by ajs318 · · Score: 3, Interesting

    For how many years after installing a combi-boiler can a plumber expect to continue to get paid every time the householder turns on a hot tap or the radiators?

    For how many years after repairing a car can a garage mechanic expect to continue to get paid every time the owner drives it?

    For how many years after hanging wallpaper can a decorator expect to continue to get paid every time the householder looks at it?

    For how many years after putting up a set of shelves can a handyman expect to continue to get paid every time someone puts something on or takes something off the shelves?

    For how many years after having sex with a punter can a prostitute expect to continue to get paid every time the punter cracks a stiffie?

    In the Real World, you do a job, you get paid for it, and that's it until the next job you do.

    --
    Je fume. Tu fumes. Nous fûmes!
  13. second best part of the story missed out by Fusen · · Score: 2, Interesting

    if you had read the arstechnica take on this story you'd see that yahoo missed a great quote out from the head of the committee that decided not to increase the total length of copyright.

    Former Financial Times head Andrew Gowers, who led the committee that produced the report, said earlier this year that his committee's work actually led them to conclude that the length of music copyrights should be reduced, not increased. Political realities made arguments for reducing copyright terms unworkable, he said. "I could have made a case for reducing it based on the economic arguments," said Gowers. "As it is, we left it in place rather than increasing it to 95 years as some of the music industry wanted and again, I think we steered a happy middle course rather than siding with one or other of the opposite poles of this debate." This is great that someone in power and who has the influence to change things is seeing the real facts about the case

  14. Yes there is. by BlackCobra43 · · Score: 2, Interesting

    The laws that allow you to incorporate yourself and grant yourself stock, with which you can assure a steady stream of income in the form of dividends paid from the business' profits. If it tanks, too bad, but the same applies for a musician who'se music fades from memory.

    --
    I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
  15. Re:*heh* by EllisDees · · Score: 2, Interesting

    >So perhaps I shouldn't have said "all the music anyone would want" since that is subjective.

    Perhaps you should have said "all the music". Does anyone know of an estimate of how much space it would take up to store literally every piece of music ever professionally recorded? A few dozen terabytes? It's not even surprising that such amounts of data will fit on thumb drives in a couple of years...

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    -- Give me ambiguity or give me something else!
  16. So what can I copy ? by Alain+Williams · · Score: 2, Interesting
    I live in the UK and am a British citizen. What other conditions need to be met on a 50 year old piece of music ?
    • music composed, performed, recorded, bought, to be given to a friend in the UK
    • music composed, performed, recorded, bought in the UK to be given to a friend not in the UK
    • music composed, performed, recorded in the UK but bought, to be given to a friend not in the UK
    • music composed, performed in the UK but recorded, bought, to be given to a friend not in the UK
    • music composed in the UK but performed, recorded, bought, to be given to a friend not in the UK

    You get the idea.

    Could I set up a business in the UK selling early Elvis Presley music without paying Elvis Presley Enterprises ?