Implications of extending the
term of copyright in the music
Gonzalo de la Mata Garcia
1. Copyright is everywhere
Copyright gives the author of an original work exclusive right
for a certain time period in relation to that work, including its
publication, distribution and adaptation, after which time the
work is said to enter the public domain.
The copyright holder a bundle of exclusive rights to control certain
uses of their creative work
To copy To To To create To profit
and publically publically derivative from the
distribute display the perform works work
the work work the work
It automatically applies to every tangible form of creative expression:
2. Copyright Essence
It seems times comes faster than we can understand, if we think on
copyrights 30 years ago “The primary purpose of copyright is to give
authors and artists credit for their works and to “protect” them from
those who intend to steal the fruits of their labour”.
At the end the objective is to promote the progress of science and the
Are you still believe its happens in the music industry?
3. Copyright Balance
The reason to have a balance is mainly to foster the creativity around
the artist, it is clear with the barrier to copy was necessary to protect
artist to promote it, to keep creating new records but as other market
the situation is not the same as 30 years ago.
By favouring the interests of copyright holders without equally
considering public interest, the system is becoming increasingly
restrictive with the risk to create a monopolistic system than only
benefit big corporations.
The general problem is that the copyright system currently
undermines its own goal.
The role of copyright law has become less about supporting creativity
and more about protecting commercial interests.
When this happens, society will ultimately lose what should be a gain.
4. Copyright Situation
The philosophy behind copyright in Web 2.0, the democratisation of
distribution channels copyright has turned into a barrier of knowledge
dissemination rather that a an encourager but is clear that abolition
of copyrights is not the right solutions because that knowledge to
being produce require investment and other sources than creativity,
for that reason the concept is valid today, the aim of this assignment
is not support the abolition of copyright, just only explain that extend
the copyright means a negative barrier for the industry and not follow
the nature of them.
5. Copyright Extension
The European Union has proposed a plan to
retroactively extend the copyright terms on musical recordings for
another 45 years. Apparently, it's unfair for performers who recorded
tracks in their twenties not to keep receiving money for them in their
seventies; under the current 50-year copyright term, "this means
that income stops when performers are retired and in that case it
make sense to extend de right to protect artist.
EU Commissioner Charlie McCreevy is the person who is trying to get
the extension, his most compelling argument for the extension is
that, in his view, "Copyright represents a moral right of the performer
to control the use of his work and earn a living from his performance,
at least during his lifetime."
As and others countries like USA the lobbies in the music industry
don’t have influence because several sources like UK government
goowers review and the University of Amsterdam information law
centre has revealed that the results of term extension
• Consumer pay higher prices
• Competition impeded
• Primer beneficiaries will be the owners of large back of
EU Commissioner ignores these conclusions.
6. Copyright Solution?
The European commission estimates 90% of all sales revenues
associated with the extension of copyrights will go to record label, it
is make sense?
Our proposal is based in a less restrictive market because is the new
era with the new technology restrictions and right extensions only
means negative barriers for the market, performERS and users
Our solutions to help artist are:
• Regulating copyrights contracts, with the extension has
demonstrated that the performances are not going to be the
• Setting up social security and insurance scheme for artist.
• Examine remuneration right available to living performers
• Regulate collection societies and licence tariffs