The European Council has adopted amendments to the Copyright Term Directive (the “amending Directive”) which, among other things, extends the term of copyright protection for recorded performances, including sound recordings from 50 years to 70 years. The changes also introduce a fund for the protection of performers who receive a once off payment for their work and other measures which ensure that performers receive payment for their works during their lifetime. The amending Directive is anecdotally known in the U.K. as “Cliff’s law”, recognising the fact that the well known artist Sir Cliff Richard has been a long term campaigner for copyright extension.

Key Changes

The following are key changes introduced by the amending Directive:

• The term of protection for recorded performances including sound is extended from 50 years to 70 years, starting from the date of its lawful publication or communication to the public, whichever is the earlier
• Following the 50th year after the sound recording is lawfully published or communicated to the public, the record producer shall pay 20% of the revenues it earns in relation to the sound recording into a fund for the benefit of the performer if he/she only received a once off payment for the sound recording
• If 50 years after the sound recording is lawfully published or communicated to the public, the record producer does not (i) offer a sufficient quantity of copies of the sound recording for sale; or (ii) make it available to the public, the performer can terminate his/her contract with the record producer
• The record producer is prevented from making deductions to recurring payments due to the performer, following the 50th year after the sound recording is lawfully published or communicated to the public
• The method used to calculate the term of protection of a musical composition with words has been harmonised. The 70 year term of protection starts from the date of death of the last surviving member of the song writing team

Conclusion

Ireland has two years, from the date the amending Directive enters into force, to implement it. The amending Directive has been signed and is awaiting publication in the Official Journal.  It aims to provide a greater level of protection for performers by extending the term of protection and giving performers control over their works. It also ensures that the performers receive a form of income for their work during their lifetime.

Contributed by Leo Moore.