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Dame Vera loses out on old songs | Dame Vera loses out on old songs |
(about 8 hours later) | |
By Julian Joyce BBC News Many of Dame Vera's songs are free of copyright | By Julian Joyce BBC News Many of Dame Vera's songs are free of copyright |
Dame Vera Lynn is reportedly outraged over the inclusion, without her consent, of her famous song, The White Cliffs of Dover, on a CD sold to raise funds for the far-right British National Party (BNP). | Dame Vera Lynn is reportedly outraged over the inclusion, without her consent, of her famous song, The White Cliffs of Dover, on a CD sold to raise funds for the far-right British National Party (BNP). |
But the 91-year-old former forces' sweetheart - who is said to be consulting her lawyers - is unlikely to win any legal battle against the BNP. | But the 91-year-old former forces' sweetheart - who is said to be consulting her lawyers - is unlikely to win any legal battle against the BNP. |
This is because, like many other older musicians, she has lost the rights over any material she recorded more than 50 years ago. | This is because, like many other older musicians, she has lost the rights over any material she recorded more than 50 years ago. |
Now that may change, as a directive currently working its way through the European parliament will, if passed and then approved by the Council of Ministers, extend performers' copyright beyond the current limit. | Now that may change, as a directive currently working its way through the European parliament will, if passed and then approved by the Council of Ministers, extend performers' copyright beyond the current limit. |
The rules aim to extend performers' copyright to up to 95 years after songs were recorded. | The rules aim to extend performers' copyright to up to 95 years after songs were recorded. |
It would mean that performers, or their heirs, and their record companies would be paid every time their old recordings - which would be copyright-free under current rules - were broadcast. | It would mean that performers, or their heirs, and their record companies would be paid every time their old recordings - which would be copyright-free under current rules - were broadcast. |
There is nothing to stop a creative person using an old recording as part of their work - as long as they do not release it Record industry source | There is nothing to stop a creative person using an old recording as part of their work - as long as they do not release it Record industry source |
Downloading old songs would also come at a price - with recording companies likely to get the lion's share of any money to be made. | Downloading old songs would also come at a price - with recording companies likely to get the lion's share of any money to be made. |
The rules would not be retrospective, and would apply only to songs about to slip out of copyright. | The rules would not be retrospective, and would apply only to songs about to slip out of copyright. |
But the appetite for change is being partially driven by the prospect of huge amounts of popular material from the 1960s - such as Beatles songs - becoming royalty-free over the next few years. | But the appetite for change is being partially driven by the prospect of huge amounts of popular material from the 1960s - such as Beatles songs - becoming royalty-free over the next few years. |
Supporters - including Dame Vera and Sir Cliff Richard - say it is unfair long-standing musicians lose rights over their own material in their lifetimes. | Supporters - including Dame Vera and Sir Cliff Richard - say it is unfair long-standing musicians lose rights over their own material in their lifetimes. |
They say it denies them income which they honestly earned. | They say it denies them income which they honestly earned. |
But critics say the new rules will "stifle creativity" and that it is the record companies, not the artists who will benefit most. | But critics say the new rules will "stifle creativity" and that it is the record companies, not the artists who will benefit most. |
Showbusiness lawyer Nigel Angel - who represents Dame Vera - said he had "nothing to add" on the reported row between his client and the BNP. | Showbusiness lawyer Nigel Angel - who represents Dame Vera - said he had "nothing to add" on the reported row between his client and the BNP. |
But he confirmed that other older musicians he represented were concerned at losing out on royalty income in their later years. | But he confirmed that other older musicians he represented were concerned at losing out on royalty income in their later years. |
"Some of them have no pensions and need this money," he said. "You are either gifted or good at business. It's rare to be both." | "Some of them have no pensions and need this money," he said. "You are either gifted or good at business. It's rare to be both." |
HITS AFFECTED BY CHANGE Lonnie Donegan - My Old Man's A DustmanEverly Brothers - Cathy's ClownEddie Cochrane - Three Steps To HeavenJohnny Kidd and The Pirates - Shakin' All OverShadows - ApacheRicky Valence - Tell Laura I Love HerRoy Orbison - Only The LonelyElvis Presley - It's Now Or Never | |
Jonathan Morrish of PPL - which represents the rights of 38,000 performers and their record companies - said "millions" of songs would be lifted into copyright if the rules were changed. | Jonathan Morrish of PPL - which represents the rights of 38,000 performers and their record companies - said "millions" of songs would be lifted into copyright if the rules were changed. |
"About 90% of our performers earn less that £15,000 a year, and even a few hundred pounds extra would mean an awful lot to them." | "About 90% of our performers earn less that £15,000 a year, and even a few hundred pounds extra would mean an awful lot to them." |
Negotiations are ongoing about precisely how long performers' copyright should last. | Negotiations are ongoing about precisely how long performers' copyright should last. |
A few countries - like the Netherlands - have opposed any change to current rules. | A few countries - like the Netherlands - have opposed any change to current rules. |
The record industry favours 95 years, but UK ministers say this period "goes beyond" what is necessary to protect performers' interests. | The record industry favours 95 years, but UK ministers say this period "goes beyond" what is necessary to protect performers' interests. |
The CD being sold by the BNP is also available from many other outlets | The CD being sold by the BNP is also available from many other outlets |
Intellectual property minister David Lammy confirmed that performers "should be protected throughout their lifetime." | Intellectual property minister David Lammy confirmed that performers "should be protected throughout their lifetime." |
A European Parliament source confirmed that a compromise 70-year extension was currently being discussed. | A European Parliament source confirmed that a compromise 70-year extension was currently being discussed. |
Opponents of copyright extension say any benefits accruing to older performers are outweighed by the "stifling of creativity". | Opponents of copyright extension say any benefits accruing to older performers are outweighed by the "stifling of creativity". |
Professor Lionel Bently, of Cambridge University's Centre for Intellectual Property and Information Law, said extending copyright risked putting thousands of recordings - free to use under current rules - out of the reach of other artists and fans. | Professor Lionel Bently, of Cambridge University's Centre for Intellectual Property and Information Law, said extending copyright risked putting thousands of recordings - free to use under current rules - out of the reach of other artists and fans. |
"For instance, it means that someone who wants to put up a website about, for example, the history of jazz will now have to seek permission and pay for the recordings," he said. | "For instance, it means that someone who wants to put up a website about, for example, the history of jazz will now have to seek permission and pay for the recordings," he said. |
"It probably would not be worth their while." | "It probably would not be worth their while." |
Artists who wanted to use part of an old recording as part of a new work would be affected, he added. | Artists who wanted to use part of an old recording as part of a new work would be affected, he added. |
And he estimated consumers and broadcasters would pay about £2bn extra for music and other recordings if copyright was extended to 95 years. | And he estimated consumers and broadcasters would pay about £2bn extra for music and other recordings if copyright was extended to 95 years. |
The Beatles back catalogue is worth many millions of pounds | The Beatles back catalogue is worth many millions of pounds |
Critics also accuse the recording industry of backing copyright extension because it is they, rather than the performers, who will benefit most. | Critics also accuse the recording industry of backing copyright extension because it is they, rather than the performers, who will benefit most. |
Jim Killock, of the Open Rights Group, said research had shown that an estimated 80% of of extra money earned by copyright extension would go to recording companies, rather than artists. | Jim Killock, of the Open Rights Group, said research had shown that an estimated 80% of of extra money earned by copyright extension would go to recording companies, rather than artists. |
"Extension won't help incentivise creativity or aid our artists," he added. | "Extension won't help incentivise creativity or aid our artists," he added. |
Critics also say the extension will lead to many older songs languishing unheard in record companies' back catalogues and unheard - a prediction record companies dispute. | Critics also say the extension will lead to many older songs languishing unheard in record companies' back catalogues and unheard - a prediction record companies dispute. |
They argue that copyright extension will encourage firms to digitise and release old songs - because there is money to be made from them. | They argue that copyright extension will encourage firms to digitise and release old songs - because there is money to be made from them. |
An industry source told the BBC that record companies were determined to lobby for a 95-year copyright extension, arguing it would "harmonise" Europe with the US. | An industry source told the BBC that record companies were determined to lobby for a 95-year copyright extension, arguing it would "harmonise" Europe with the US. |
Said the source: "The 'creativity' argument is based on ignorance. | Said the source: "The 'creativity' argument is based on ignorance. |
"There is nothing to stop a creative person using an old recording as part of their work - as long as they do not release it. | "There is nothing to stop a creative person using an old recording as part of their work - as long as they do not release it. |
"If they do want to release it - and perhaps make money from it themselves - then they need to seek permission from the originator and pay them a fair price." | "If they do want to release it - and perhaps make money from it themselves - then they need to seek permission from the originator and pay them a fair price." |
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