The recording industry has been lobbying for copyright term extension in sound recordings for many years. In the UK, the Government commissioned an independent study (the "Gowers review") to examine whether term extension was a good idea for the UK creative economy. The review found only a weak economic case in favour of extending term, but a strong economic case against: term extension would result in increased costs imposed on the wider economy and society.
Based on the evidence, the UK government rejected the recording industry's call for an extension to copyright term.
- Read the UK study (pdf)
- Read the Gowers Review of Intellectual Property (pdf)
- Read the Open Rights Group briefing pack on copyright term extension Release The Music (pdf)
Now the recording industry has taken its fight to Europe, and it looks like they're winning - Commissioner Charlie McCreevy announced in February that he intends to extend the copyright term in sound recordings from 50 to 95 years. This is surprising, since back in 2006, the Commissioner's own Internal Market Directorate asked the Dutch Institute for Information Law (iVIR) to examine the case for extending term. The iVIR concluded that the arguments behind the proposal lacked substance, especially compared to the reasons for maintaining the status quo.
Copyright law isn't just about the recording industry - it is about every single one of us. The ideal copyright system creates incentives for creators and publishers without unduly limiting access for consumers and follow-on innovators. Copyright law must strike the right balance in a rapidly changing world so that innovators can, in the words of Albert Einstein, see further by standing on the shoulders of giants.
As the Adelphi Charter on creativity, innovation and intellectual property states:
"In making decisions about intellectual property law, governments should adhere to these rules:
- There must be an automatic presumption against creating new areas of intellectual property protection, extending existing privileges or extending the duration of rights.
- The burden of proof in such cases must lie on the advocates of change.
- Change must be allowed only if a rigorous analysis clearly demonstrates that it will promote people's basic rights and economic well-being.
- Throughout, there should be wide public consultation and a comprehensive, objective and transparent assessment of public benefits and detriments."
Unless Europe makes sound decisions on copyright legislation - decisions that are based on evidence rather than on the desires of special-interest groups - it risks not only threatening the vitality of the public domain, but also losing the public's trust and respect for the law.
If you agree that copyright term on sound recordings should remain at fifty years, please, sign this petition today. Together, we can defeat copyright term extension.
