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On Copyright Extension

April 23, 2009 3:43 PM
By Sharon Bowles MEP in European Parliament, and Charlie McCreevy, Commissioner for Internal Market and Services
Originally published by Sharon Bowles MEP

Commissioner,

Despite an enterprising charm offensive from yourself and your services, I still can not support this proposal to extend the copyright term.

I know the proposal was well meant. But in the digital era, when the way in which recordings are distributed is rapidly changing, why should we make an irreversible change by extending a system that, at its core, still operates with contracts and a structure more relevant to physical distribution and sale? The only hope to rescue that situation is to address the matter of contracts that have become unfair over time, and this has not been done. We should be making it clear that assignments for life without renewal clauses are no longer acceptable and one of the prices recording companies must pay for any extension.

A lot of commendable work has been done to impose good conditions in return for the extension, but I fear these bolt-on additions do not render it fully fit for purpose in the long term future. They also contain their own inconsistencies and unfairness due to the fact that the contract matter has not been addressed..

I have looked for a compromise that I could live with and did offer the idea of limiting the term extension to recordings published before 1975 as appears in the ALDE amendments 81 and 80, which are compatible with the main package. I admit this is a 'fix' for the rock and roll era that is concentrating minds right now, and which saw both an explosion in popular music and remarkably poor contracts.

But such an amendment would not put us in an irreversible position for all newer recordings. It would see us through to the end of the current model of recording companies who are, when all is said and done, the main beneficiaries of, and agitators for, this extension.

And it would give us time to reflect on and develop more performer-oriented proposals, really fit for the digital age.

If you came back addressing the points that I have raised, then it could be a package worth voting for, but otherwise I can not support it.

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