The IPKat's friend Ben Challis has just written a piece on his blog, Music Law Updates, asking whether the UK recording industry should have new obligations as well as new rights if the copyright term for sound recordings is extended from its current 50 years to a whopping 95 years.
Pork pies go to Luxembourg: but what is the question?
The IPKat has recently posted his musings on Northern Foods Ltd v DEFRA (the Melton Mowbray Pork Pie case, judgment on BAILII here). That decision has resulted in the reference of a single, remarkably fact-specific, question for a preliminary ruling by the European Court of Justice:
Right: Melton Mowbray pieman in search of the perfect pig ...
The IPKat thanks Michael Edenborough for his kindness in letting him have sight of the Order for the reference. Merpel says, this should have the ECJ judges scuttling off to get their gazetteers and road maps.


"Merpel asks, what will benefit the public more: extension of protection so that businesses will be tempted to invest in the continued provision of old recordings in enhanced formats, or the refusal to extend rights in order that a competitive market be allowed to develop for the provision of those recordings."
ReplyDeleteI agree that there are no garantees that such a market of unprotected works would be very competitive. However, at least there would be a market as long as someone is interested, which will not be the case for most of the protected but not-so-valuable works.
Also, the public benefit of those enhanced formats is quite dubious... Fifty years ago, that's almost the sixties, not exactly an age were recordings were distributed on punch cards I think.
(Of course I didn't not study the impact of copyright term extensions and I almost don't remember the times before the arrival of the CD.)