tag:blogger.com,1999:blog-5574479.post115442818237337271..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: MOVE IT, RICHARD TELLS BLAIR; MEDIA CONTRACTS HANDBOOKVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-1154643447377317512006-08-03T23:17:00.000+01:002006-08-03T23:17:00.000+01:00Many thanks, David, for your masterly summary of t...Many thanks, David, for your masterly summary of the situation. I do hope Sir Cliff is reading this blog ...Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1154594191718483472006-08-03T09:36:00.000+01:002006-08-03T09:36:00.000+01:00I can't let it lie:The duration of copyright in re...I can't let it lie:<BR/><BR/>The duration of copyright in recordings and in performers' rights is now dictated by <A HREF="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31993L0098:EN:HTML" REL="nofollow">Directive 93/98/EC</A>, as enacted by The Duration of Copyright and Rights in Performances Regulations 1995 <A HREF="http://www.opsi.gov.uk/si/si1995/Uksi_19953297_en_1.htm" REL="nofollow">SI 1995 No. 3297</A>. In particular, Article 3 of the Directive says:<BR/><BR/>"1. The rights of performers shall expire <B>50 years after the date of the performance</B>. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. <BR/><BR/>2. The rights of producers of phonograms shall expire <B>50 years after the fixation</B> is made. However, if the phonogram is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier".<BR/><BR/>Therefore, the copyright in both the sound recording and in any performers' rights have the same 50 year duration throughout the EU. It is plain wrong to say that other EU states allow a longer term.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1154534253560678722006-08-02T16:57:00.000+01:002006-08-02T16:57:00.000+01:00Mr Richard is, I think, being rather disingenuous ...Mr Richard is, I think, being rather disingenuous about 'his' copyright. The 50 year term, of course, only applies to the <I>mechanical</I> copyright of the sound recordings, and not to copyright in the lyrics or music (which presumably he did not have a hand in writing). I presume that the record company who made the recordings still own the copyright in them, but that Cliff has some royalty kickback from this, which he wants to carry on getting. But maybe Cliff now owns them himself - does anyone know?<BR/><BR/>Of course, if he had been a bit more creative, he would carry on receiving those royalty cheques long after he dies. As far as I know, performing artists didn't generally become savvy about this until the Spice Girls came along and demanded writing credits so that they would get some proportion of the music and/or lyrics copyright rather than just a wage.<BR/><BR/>I don't know where the '70 years in the rest of Europe' comment comes from, but I thought that mechanical copyright terms were unified at 50 years throughout the EU. Am I wrong?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1154533319643377852006-08-02T16:41:00.000+01:002006-08-02T16:41:00.000+01:00Does the 50-year clock not start ticking after the...Does the 50-year clock not start ticking after the death of the copyright-holder (the way it works with the US copyright term of life plus 70 years)?Anonymousnoreply@blogger.com