What's Happening
'Normal' copyright lasts for 70 years from the authors/creators death. However for performances of a work, such as 'covers' in music, the rights expire after 50 years from the performance or creation of the recording. Thus for example on Jan 1 2005, 50 years on from 1955, the rights in the recordings such as "Thats All Right" by Elvis will come out of copyright and enter the public domain.
The UK record industry is currently fighting hard to prevent this happening - to exclude these works from the public domain. For more information see the News Stories section below. We wish to ensure that the public domain is not enroached upon in this way the rights of the public are not sacrificed for the profits of the music industry multinationals.
NB: "That's All Right" is not in the public domain - only the rights in Elvis' recording. This is because authorial/mechanical copyright also exists in "That's All Right" which was orginally written by Billy Crudup in 1937. Crudup died in 1974 so these rights won't expire until 2044! For a thorough discussion of the exact copyright status of such works see the creative-friends mailing list. In particular see:
- Summary with email from MCPS:
- start of that thread here:
- Summary for e.g. Scott Joplin (which is truly public domain):
What can I do?
- Tell others about this. Explain that record companies are trying to take away your rights and make you pay more money with little or no benefit to artists.
- Write to your MP to make clear your opposition to any enroachment on the public domain through copyright extensions
- Promote this issue in the media: anything from your local paper to a national broadsheet.
External Information Sources
- Scotsman coverage
- 2005-06-06
- See full-text below
- Cliff Richard calls for copyright extensions
2004-11-01. http://business.timesonline.co.uk/article/0,,13130-1338692,00.html
counter letter to the times by Becky Hogge: http://www.machine-envy.com/news.html
- some extracts from times article:
- The most successful singles artist in British chart history, Sir Cliff, 63, said that he was leading a fight for musics unsung heroes. I am very fortunate because I continue to earn money, said the singer, who last night secured his 59th top ten album with Somethings Goin On. But what about the Shadows or the families of Tommy Steele, Adam Faith or Lonnie Donegan? Many artists rely on one hit record as their sole source of income, but now they will earn nothing. I feel a responsibility to speak out for them.
- Sir Cliff, who is well known for his Christian beliefs, added: I am told that my recordings could even be used in pornographic films and theres not a thing I could do about it. I will have no control over how my music is used. I believe performers must be entitled to their dignity.
- Elvis has left the building - time to free his works too
- Music bosses head royalties fight
- The EU Term of Protection Directive, with Huey and Lenny
Very funny Q&A on this issue from London News Review
- 2004-07-19
- European Copyright Clock Ticking On Elvis Hits
- 2004-07-18
http://www.elvis.com.au/presley/news/copyright_clock_ticking.shtml
same story on msnbc with extra last para: http://msnbc.msn.com/id/5454532/
- UPD-Discuss Thread: European Copyright Clock Ticking on Elvis Hits [Reuters]
- BBC News: Head to head: Music copyright
- includes extensive comments from the public (almost all of which are against copyright extensions)
Scotsman 2005-06-06
Full text since quotes from governmental minister:
Long-playing plans for music copyright ownership
PETER RANSCOMBE
POP songs will receive longer protection under new plans to extend copyright laws.
It will mean Beatles classics such as Love Me Do and Please, Please Me, released in 1963, will not automatically lose their copyright in 2013.
The Rolling Stones may also benefit, with songs such as (I Can't Get No) Satisfaction having their copyright extended beyond 2015.
United States copyright law protects songs for 95 years and UK government ministers are reported to be considering a similar length of time for British products.
James Purnell, the minister for creative industries, is expected to announce the plans in a speech this week.
He thinks the extra revenue for record companies will allow them to find new acts and develop their talent.
"Finding talent and artists is expensive," Mr Purnell said. "There is a view that long-term earners are needed so that the record companies can plough money back into unearthing talent.
"Bands like Coldplay will make enough money for their company to discover around 50 or 100 bands."
The move follows an uproar after early Elvis Presley tracks including That's All Right, Mama came out of copyright in Europe at the end of 2004.
Tessa Jowell, the culture secretary, is also planning to set up a music council, to help with cross-industry schemes. The new body would operate along the same lines as the existing film council.