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Music Copyright In EU Extended To 70 Years

rastos1 writes "The European Parliament extended the copyright in the EU for the performers of musical works from 50 to 70 years. The legislation will be reviewed in 3 years. The European Commission will consider extending the scope to audiovisual works too." So performers will collect for 20 more years from the date of performance; composers' rights already extend to 70 years beyond their deaths. Update: 4/26 at 12:15 GMT by SS: Reader rimberg points out that while the copyright extension was passed in the European Parliament, it is now being held up in the Council of Ministers awaiting further debate on the issue.

39 of 395 comments (clear)

  1. Why? by Rog-Mahal · · Score: 5, Insightful

    What artist is going to live long enough for this to even matter? Sounds like another way for companies to wring a few more euros from the public.

    1. Re:Why? by Martin+Blank · · Score: 4, Insightful

      Someone once posted some information about the average income for copyright holders past certain timeframes. IIRC, the average residual income for most performers after something like 20 years was very little, basically amounting to a few dollars per year. Let's face it -- Elvis Presley is the highest-paid dead performer, and the remaining Beatles and their estates may be collecting serious residuals, but they are by far the exceptions (and who really wants Yoko Ono to continue getting money off of Lennon's genius?). How much are Fine Young Cannibals making on residuals? Sister Sledge? 1910 Fruitgum Company? Those are Top 100 performers from 1989, 1979, and 1969, respectively. I expect they (or their survivors) are making their money either on the smaller tour circuits, or in professions that don't involve being on-stage.

      --
      You can never go home again... but I guess you can shop there.
    2. Re:Why? by wisty · · Score: 4, Insightful

      In 70 years, Britney Spears would be extremely lucky to make the same sort of residuals as Billie Holiday would be making now.

      The 70 year rule is ridiculous. If you do the net-present-value calculations, almost any money you make in a few decades is pretty much worthless. Almost all the profits come in the first few months even before interest rates. When you consider interest, the last few decades are worthless to the artist.

      The only reason the 70 (or even 50) rule exists is to limit free alternatives. They don't want to pay current artists a fair cut. They want to kill the public domain, so we need to keep churning out new works.

    3. Re:Why? by m.ducharme · · Score: 5, Insightful

      Of course, the 70 years doesn't even start running until after she's dead.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    4. Re:Why? by Draek · · Score: 4, Insightful

      Live? copyright already lasts for the author's entire lifetime, what's being discussed here is whether to continue protecting it for fifty or seventy years past that.

      No, this isn't about the artists and has never been. It could be argued that this is about the artists' families, but practically no parent in this world supports his children financially until they're 50. This is simply the next step in the RIAA and MPAA's campaign to get their precious "infinity minus one" copyright lenght in order to destroy the very idea of public domain.

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Why? by sortius_nod · · Score: 4, Insightful

      Are you naive enough to think Britney Spears owns the copyright to the music she performed?

  2. Wow, this looks like it actually benefits artists! by Anonymous Coward · · Score: 5, Informative

    ..and the public.

    According to the approved legislation, if producers, 50 years after the publication of a phonogram, do not make it available to the public, performers can ask to terminate the contract they signed to transfer their rights to the label.

    That would SO never pass in the US.

  3. Make the law absurd by gringofrijolero · · Score: 5, Insightful

    and that's how people will treat it. It tears down any pretext of respect.

    --
    Todos mis movimientos están friamente calculados
  4. Wheres my money!!!!!! by Anonymous Coward · · Score: 4, Insightful

    I did some work years ago helping to build a commercial building. Several in fact..

    I want a cut of their profits for the next 100 years!

    They're stealing from me!

  5. Re:I would be all for it with ONE revision by Mordok-DestroyerOfWo · · Score: 4, Funny

    I've seen Futurama, this will further necessitate the invention of head jars.

    --
    "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
  6. That's okay by A+beautiful+mind · · Score: 5, Funny

    I've reduced the copyright duration I'm willing to observe to 0 years.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
    1. Re:That's okay by Draek · · Score: 4, Insightful

      Most of us Slashdotters do know how hard it is, how much effort it takes, to produce worthwhile creative content. Software is also under copyright, and there's plenty of us programmers here.

      That's precisely why we cringe at laws such as this. It is hard, it does require effort, but it's nowhere near deserving lifetime compensation let alone extend that for 70 years after your death. As far as I'm concerned, the last person ever to deserve lifetime compensation for his work was a german patent officer for what was essentially a bunch of math and, as such, uncopyrightable.

      --
      No problem is insoluble in all conceivable circumstances.
    2. Re:That's okay by aaandre · · Score: 5, Insightful

      Paying for live performances is great, the money goes to the artist in exchange of their creativity and skill.

      Paying for a performance more than once, and essentially, every time you experience it does not make sense. The artist does not make an effort every time someone hears their song.

      I pay a car mechanic to fix my car and then stop. I don't continue paying them for the rest of my life despite the fact that I continue to enjoy their effort.

      Yes, the artist may invest a lot of time and effort in their creation, and that's why they get money from every member of the audience, for each audience they perform to.

      A recording of a performance is not a performance.

      I know this may sounds harsh. The monetization of everything has created laws that don't make sense, like IP laws. The nature of IP is not material and unlike physical matter, IP is very difficult to fence off and contain. Artists are made successful by their audience, the general public.

      If not for the endlessly greedy corporations still standing between creators and their audience, things could be much simpler, with shorter copyright terms, clear ownership for every piece of media we buy and the ability to share the stuff we like.

      It is not mandatory for every successful artist to become a millionaire. Many programmers, writers, painters, inventors do create useful and beautiful works and never become very rich.

      An idea or a tune may pop in more than one head at the same time. Calling it "mine" and trying to fence it off and make everyone else pay is ridiculous.

    3. Re:That's okay by laughingcoyote · · Score: 5, Insightful

      How would you feel if your boss decided to do the same with your paycheck? Or are you trying to tell us that your work deserves compensation while the work of others does not?

      Actually, that's exactly the way it works for me. I don't get "residuals" on the work I do. The second I stop working, I stop getting paid too, I don't continue receiving money for my work for the rest of my life, despite the fact that it will still be benefitting my employer.

      Those who support copyright are asking for a different standard, not the same, as everyone else gets. If you are employed to do something, you continue getting paid as long as you continue the work and no longer. If you want to get paid into your retirement, either ask for a pension as a condition of your employment (at which you may not be successful) or save and invest money during your working years.

      If, on the other hand, you go into business for yourself, you must continually market and sell the products you offer. And if someone comes up with a technology that means you no longer can make money the way you once did? Tough. Find a new way to sell, find a new product, or file Chapter 11.

      Copyright is an artificially created monopoly. Its like does not exist for anyone else. I don't continue to profit from my work after it's done and sold to someone. I don't get to tell people not to share it without slipping me cash. I don't get to tell them they can't tinker with it and improve it. That's the way it should be.

      Removing copyright would simply level the playing field. Ideas aren't inherently scarce. If you can make money off selling them, or performing certain types of them, or coming up with them for people who enjoy your work, good on you. (People do sell bottled water, and water, at least in the US, is not inherently scarce and is effectively free, so it can work). If not, go find something else to do, and get paid in the same way on the same terms all the rest of us do. Quit whining that you have a "right" to a profit from doing anything at all. You have a right to try. You do not have a right to tell people they cannot share in an attempt to profit from something they could've replicated on their own.

      --
      To fight the war on terror, stop being afraid.
  7. so how does that promotes creativity? by crazybit · · Score: 4, Insightful

    Copyright laws where intended to promote creativity from artists, but by extending the years they can suck money out of one job they demonstrate they just want more money for less work.

    Current social structure won't be capable of maintaining that kind of endless resource redirection. This copyright and intellectual property nonse will have to end someday, and it's not gonna be nice for anyone.

    --
    - Human knowledge belongs to the world
  8. Harmony by slashqwerty · · Score: 4, Informative

    The US already grants copyright up to 70 years after the author's death. They're just doing this to harmonize their laws with the United States. But wait, in 2002 the key argument presented to the Supreme Court in Eldred v. Ashcroft is that we extended copyright to harmonize with the European Union.

  9. Needs approval of every single member state by Bredero · · Score: 5, Interesting

    TFA doesn't clearly state that for this to come into effect it needs to be approved by every single EU member state. It is rumoured that Belgium, Slovenia, Sweden, Finland, Denmark, the Netherlands, Portugal, Austria, Slovakia and Romania are opposed to this.

  10. What does this mean? by tsa · · Score: 4, Funny

    From the fine article: Composers already enjoy copyright protection for 70 years after their death.
     
    Does that mean composers have even more fun in heaven, or the fire in hell is turned down a bit for them?

    --

    -- Cheers!

  11. Re:Fuck. by DigitAl56K · · Score: 5, Interesting

    Indeed. Many of us will be dead before the works our parents enjoyed before our conception enter the public domain.

    It seems the media industry has much stronger political influence than the people. Something has gone very, very wrong with copyright law. The value society now takes from offering artists the protection of copyright is now extraordinarily questionable.

    If these industry groups were so concerned with the future of their artists they shouldn't be calling for 70-year long copyright terms, they should be offering artists a pension.

  12. Re:Insightful? by Anonymous Coward · · Score: 5, Informative

    Highlighting shared sentiment? Copyright is after all the balance of artist income and value to society through public works. If society at large believes there to be no balance then the gp was insightful.

  13. Re:Fuck. by Z00L00K · · Score: 4, Insightful

    Copyright should at best be related to the death of the performer - like at most 5 years after the death of the performer. This to avoid weird situations where someone dies during recording or soon after and also to make sure that funeral costs may be paid.

    As for movies with several actors - the last one will die eventually.

    And also make sure that copyright can only be held by a person and not a company or other organization.

    And last - no copyright for works that are related to a religion.

    The ability to drain money from people for some old creation that already has made the bulk of money is just annoying and disgusting.

    OK, it may cause some sick situations where a company can keep someone "alive" for several years just to get their dirty hands on copyright money!

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  14. 5 years by sanosuke001 · · Score: 5, Interesting

    Copyright and Patents should be MAX of 5 years. They are supposed to give the author a limited monopoly in order to facilitate future works/inventions. It is to the point of absurdity and, frankly, is disgusting.

    --
    -SaNo
  15. Re:Fuck. by Shark · · Score: 4, Insightful

    It seems the media industry has much stronger political influence than the people.

    Industry has always had stronger political influence than the people. It's just more obvious when industry actually disagrees with the people.

    --
    Mind the frickin' laser...
  16. Re:Classical No Longer Exists by Concerned+Onlooker · · Score: 4, Interesting

    "The beauty is that a hundred years from now they will actually laugh at the fools that expect you to pay to watch the crap of the past century."

    It probably won't unfold that way. The works will fall out of fashion--all the quicker because fewer people will make derived works due to cost--and this will cause them to be forgotten entirely. In the future, even if a song has been entirely forgotten and no one even knows who to contact for the copyright to the song it won't be able to be used in, say, a documentary because no one will take the chance of a lawsuit when a copyright holder finally steps forward. And this is how culture dies. Locked away in a lawyers file cabinet.

    --
    http://www.rootstrikers.org/
  17. Re:Fuck. by Zordak · · Score: 4, Funny

    Seriously, if copyright were tied to death + only a short time, JK Rowling would be toast. All the publishing houses would be hiring professional hitmen. And striking it big with the Great American Novel would pretty much be your death knell.

    On the other hand, that sound like a good setting for some kind of post-apocalyptic copyright thriller.

    --

    Today's Sesame Street was brought to you by the number e.
  18. Re:Fuck. by timeOday · · Score: 4, Insightful

    Seriously, if copyright were tied to death + only a short time, JK Rowling would be toast. All the publishing houses would be hiring professional hitmen.

    Quite the opposite. If her death reverted her works to the public domain, anybody could then publish them, so her publishers would no longer get a juicy slice of her copyright-protected works, as they do now.

  19. Re:Insightful? by MillionthMonkey · · Score: 5, Funny

    So some moron can make a completely idiotic post and just add "Go ahead burn my karma" and that suddenly makes it insightful?

    Not only that, his copyright on his post won't expire until 70 years after he finally dies.

  20. Re:Fuck. by Ahnteis · · Score: 5, Insightful

    How on earth would extending the copyright help those artists? How would it promote culture for the common good?

    If they aren't recognized until after they're dead -- they're still dead and penniless.

  21. Re:Why is copyright bad? by mrbcs · · Score: 5, Insightful
    Copyright was so that people had protection to make a living performing their stuff. This bullshit now a days is so some asshole executive, who has screwed your mother out of her copyright, can make money off your mother forever.

    How the hell did we ever let copyrights become transferable?

    You wanna stop all this shit? Return all copyrights the the actual owners. The music industry would be destroyed overnight and this bullshit would end with it.

    --
    I'm not anti-social, I'm anti-idiot.
  22. Re:Why is copyright bad? by martin-boundary · · Score: 4, Insightful
    What is it with all these zombie scenarios? Your mother's dead. She's not coming back, and contrary to popular opinion, she won't turn over in her grave if her poetry ends up on toilet paper. She's dead: she simply doesn't care anymore.

    The reason copyright is bad is that it promotes the loss of humanity's works of art. In the last 70 years, there was a world war and plenty of local wars around the world, and now a lot of people have nukes. People regularly blow up buildings, companies go out of business, even whole countries disappear from the map regularly. The only way to ensure that art is preserved for the next 70 years is to copy, copy, copy.

  23. The Biggest Pirates of Them All by Jah-Wren+Ryel · · Score: 5, Insightful

    The IPI and other industry groups like to talk about the billions lost to piracy on the internet. But what they've done here dwarfs that. When you copy a song in violation of copyright you "steal" it once from one person or one company for a few years or however long goes by until you delete it or lose the disk its saved on.

    But what has happened here is that the industry groups have stolen every single song written or recorded in the last 70 years from every single citizen of the EU for a duration of at least 20 whole years. The scale of their theft is many orders of magnitude greater than the worst case scenario for "internet piracy."

    As far as I'm concerned, any rights owner that supports or benefits from any copyright term extension legislation has zero standing to complain about piracy. They broke the social contract that was in place when they created the music. Just because they have co-opted our so-called representatives to put a rubber-stamp of legality on their contract violation doesn't give them the moral high-ground in the conflict. They want new terms? Well, the only terms they deserve are a termination of their copyrights, termination with extreme prejudice.

    --
    When information is power, privacy is freedom.
  24. Re:Insightful? by WaroDaBeast · · Score: 5, Funny

    (...) with specific regard to industry charlatans who claim to represent the wishes of the people to be frogs.

    I'm French, you insensitive Claude!

    --
    "The body may heal, but the mind is not always so resilient." -- Deus Ex: Human Revolution
  25. Proportions? by haeger · · Score: 4, Interesting

    A pharmaceutical company that pours billions of dollars into research and tials to finally develop a drug that takes away disease gets a 20 year patent.

    An automaker that develops new type of breaks that saves peoples lives gets a 20 year patent.

    Someone who goes "la la la" into a microphone gets 70 year copyright.

    Yes, I know that patents and copyright aren't exactly the same but still. The proportions are WAY off here.

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  26. Re:Fuck. by Maelwryth · · Score: 5, Insightful

    No. Copyright has served its term. These laws are going to be passed in every country that matters ,in one way or another, just like all those other laws we didn't like were passed. Listening to music from the mass media organisations is becoming immoral. What are we supporting by enjoying their music? We are supporting the subservience of art to money. Nothing more, nothing less. Black Sabbath is my favorite band. I first heard them after sneaking into my brothers bedroom and listening to his records. I thinK (due to burglary and media changes) I have bought the entire catalog of Black Sabbath several times. Well, fuck them. There is only one way to really say this.
    cd Music/
    mv Jamendo ~
    cd ..
    rm -rf Music/*
    mv Jamendo/ Music/
    Join Jamendo folks. Search, find, advertise, and promote the musicians on there. Any musician from the labels is either clueless or trying to fuck you over. That the bands that I grew up with, supported, lived with, showed me beauty, tears and life can support this situation guts me. Spineless little fucks they have become. Delete your music folks, delete your movies. If you see or hear something you like from them then email them asking for their album/movie/whatever under creative commons. Our failure to do this with lead to the death of our culture and the emotional death of ourselves. Subsumed in the search for more and more money.

    If the RIAA and it's members want my remorse. It can turn it's body to a corpse.

    --
    I reserve the write to mangle english.
  27. Potatoes and patents by I+cant+believe+its+n · · Score: 5, Interesting

    * Why is it that an engineer or scientist will only be granted a 20 year protection of his or her idea after spending piles of money and maybe 5 to 10 years working on an idea, while a guy with a guitar gets a monopoly for life?

    * If I buy an original potatoe at a store and I reproduce it and share copies with my friends, why isn't that called theft? Making that initial potatoe available can potentially cost the store thousands in lost potatoe sales.

    (... sampled from the swedish debate)

    --
    She made the willows dance
  28. Re:Fuck. by SlashWombat · · Score: 5, Insightful

    The real problem is that copyright is not an election issue. While most of slashdot readers are convinced that extension of copyright is evil, none are going to make it a big enough issue to force governments to back down.

    Personally, I would prefer copyright was similar to patent rights. 17..20 years should be sufficient time for the Autists to be fully compensated.

  29. Re:Fuck. by Bert64 · · Score: 4, Interesting

    What right does an artist have to 70 years of income from a single piece of work? What makes an artist so much more special than a doctor or even a supermarket shelf stacker?
    If a doctor save's someone's life, is he entitled to royalties from that person for as long as they remain alive?

    As you pointed out, most artists don't get rich, but a small percentage of them take the piss and make billions for doing relatively little work. The difference has nothing to do with how hard someone works, or even how good their music is, it's purely down to brand recognition and media hype.
    Why should someone who performs his work every week in a bar earn less than someone who hasn't performed or produced anything in years?
    The system is unfairly stacked to benefit a select few at the expense of everyone else, and these people have pulled the wool over the eyes of the masses by convincing them they somehow have some inherent right to continue ripping everyone off.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  30. Re:Fuck. by Ash+Vince · · Score: 4, Interesting

    Bear in mind as well that most contract with artists were sign when 50 years was the law so the contract will state they get royalties for 50 years. The extra 20 years royalties is going straight to the label in most cases and the artist won't see a penny.

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.
  31. Sound copyright extended to perpetuity by David+Gerard · · Score: 4, Funny

    With the conviction of The Pirate Bay administrators having immediately abolished all filesharing, the EU has approved an extension of sound copyright to seventy years past the point of theoretical death, and death to seventy years past actual death.

    The media industry sponsored move is intended to properly suppress the very notion of the production of unapproved works of art. The major record companies' value proposition has changed from being the only people you can get music from to being the only people who will stop you getting music. "We own all the back catalogs we've been buying up," said Warner Music CEO Edgar Bronfmann, the luckiest sperm in the whole USA, "and YOU CAN'T HAVE THEM! And we'll sue your grandmother's ass if you try going around us!"

    Without an extension of copyright, the dead might never record again. "If I'd known in 1958, when the copyright in 'Move It' was due to expire in 2008, that the copyright in 'Move It' would in fact expire in 2008, would I have bothered? I don't bloody think so!" said Sir Cliff Richard (died 1961). "I can rest safe in the knowledge that my mouldering corpse will not feel ripped off by this turn of events, and that my many, many descendants can continue to live off 'Summer Holiday' for the term of their rather unnatural lives. Remember that I am a born-again Christian and non-drinker, so beer and hookers mean and meant nothing to me. Money, however, is next to Godliness."

    Feargal Sharkey of UK Music stressed the necessity of the move to his never having to write another song after "Teenage Kicks." "I urge you to picture a world in which Girls Aloud and Jason Donovan have no motivation to record."

    The government's Cowell Report recommended that copyright should be reduced to one year, software patents made a hanging offence, Mickey Mouse declared an unperson and musicians told to stop whining and get a real bloody job like the rest of us. "It's not like there's some sort of national shortage of bad pop records," said Sir Simon, "although a world in which Jive Bunny recordings irretrievably disintegrate into dust before they could possibly enter the public domain does have a certain appeal. Nevertheless, we desperately need to demotivate surplus pop star wannabes. I urge you to picture a world in which Girls Aloud and Jason Donovan have no motivation to record."

    Richard Dawkins spoke in favour of the perpetual unavailability of music, as per his new book The Art Delusion. "'Music' appears to be an entirely subjective phenomenon with little or no objective measurements possible — much like any other brand of snake oil or balderdash. Music seems to be a sort of virus on human consciousness, parasitically sapping the collective intelligence of the human race." He defended his own attendance at his local church's Christmas carols: "I'm only putting them at their ease so they let their guard down while I work on plans for mass re-education camps for the sufferers of musical appreciation."

    --
    http://rocknerd.co.uk