"Elvis copyright" in the EC to expire
(Elvis
News, Source: Elvis News.com/Reuters, 18 July 2004)
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Fifty
years after it was first released in the United States, Elvis
Presley's "That's All Right" is a hit in Great Britain.
The
single entered the British charts last week at No. 3. But
for BMG, the company releasing the track, the celebration
might be short-lived. If there are no changes in European
copyright law, the track will fall into public domain Jan.
1, 2005.
Anyone
will be able to release it without paying royalties to the
owners of the master or the performer's heirs. BMG will start
losing a significant piece of its catalog income in Europe.
As "That's All Right" is being hailed by some as the beginning
of rock 'n' roll, the implications are that every year after
2005, more recordings that defined the genre will fall into
public domain.
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In the
United States, BMG will continue to own the rights to the recording.
Under the 1998 Sonny Bono Copyright Term Extension Act, sound recordings
are protected for 95 years from the day of recording in the United
States -- for post-1976 recordings, coverage is the artist's life
plus 70 years. In most of the European Union, the duration is 50 years
after the first release of a sound recording.
The
Elvis case illustrates the importance of the issue for record companies
in Europe. It also highlights the discrepancy between Europe and
the United States. "I regard this week's anniversary as a wakeup
call and a call to arms to step up a gear or two in our campaign
to lobby for a similar term in the EU," said Peter Jamieson, executive
chairman of British Phonograph Industry, in a recent speech.
The
EU is reviewing its past directives on intellectual property, notably
the EU Term of Protection directive. With this in mind, trade body
the International Federation of the Phonographic Industry last year
asked the European Commission for an extension of Term of Protection
for producers and artists with the goal of ending the discrepancy
between the United States and the EU. The IFPI has started a campaign
to raise awareness among policy makers and legislators on the issue.
It targets EU member states, the EC and the Parliament.
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