Topic

The extension to the term of musical performers’ rights protection to 70 years

Author

EU Commission

Standpoint

Argues that as performers live longer, so their rights should last longer, and highlights the plight of session musicians—based on ideas of rights and fairness rather than economics.

Source

EU Commission’s 2008 proposal (COM(2008) 464 final)

Author

Natalie Helberger, Nicole Dufft, Stef Van Gompel, and P Bernt Hugenholz

Standpoint

Argue that there is no economic basis for extending the term of protection for either performers or sound recordings, and that IP rights should not be extended unless there is a reason.

Source

‘Never Forever, Why Extending the Term of Protection for Sound Recordings is a Bad Idea’ [2008] 5 EIPR 174–181

Author

Ian Hargreaves

Standpoint

Found no evidence that performers would change their behaviour or decisions based on the copyright and performers’ rights terms, and noted that most recordings have an economic life of less than ten years, though acknowledges that there may also be non-economic arguments.

Source

Digital Opportunity (TSO, 2011)