[ANPPOM-L] From bad to worse: MEPs to rush through disembowelled term extension directive.

[Carlos Palombini]

The flawed proposal to extend the term of copyright protection afforded to
sound recordings, robbing consumers in the name of performers but for the
benefit of the world's four major record labels, is being fast-tracked
through the democratic process. Earlier this month MEPs from the relevant
European Parliament committees presented their draft reports (1) at a
meeting of the legal affairs committee (JURI), the Committee which will make
recommendations to the European Parliament on how to vote on the Directive
early next year. They proposed a host of worrying new amendments which
threaten to:

* Weaken further already inadequate measures intended to allow orphan works,
and commercially worthless but culturally significant recordings to pass
into the public domain (Culture (CULT), Internal Market (IMCO) and the
Industry, Technology and Research (ITRE) committees draft reports).

* Allow record labels to deduct "costs" from a fund intended to benefit
session musicians, further shrinking the pot of money made available to
performers in favour of labels (IMCO committee draft report).

* Dramatically widen the scope of the Directive to include audio-visual
recording, even though no relevant impact assessment has been conducted into
what effect this might have on consumers and follow-on innovators. (JURI and
ITRE committee draft reports).

(1)
http://www.openrightsgroup.org/wp-content/uploads/term-extension-committee-draft-reports.zip

At the JURI meeting, Dr Lionel Bently of the Centre for Intellectual
Property and Information Law (CIPIL) Cambridge, dismissed the proposal
stating that "record producers will gain the lion's share of revenues on
sales in the extended term". He warned that the Directive would accrue
serious social and economic costs, and concluded that MEPs should "oppose
this measure in its totality." (2)

(2)
http://www.openrightsgroup.org/wp-content/uploads/prof-bently-juri-speech.pdf

Bently is not the only expert to oppose the Directive. In an open letter to
MEPs, Europe's leading intellectual property research centres unanimously
condemned the proposal (3). The European Broadcast Union has also stated
publicly that the proposal will make consumers foot the bill while stifling
innovation (4).

(3)
http://www.openrightsgroup.org/wp-content/uploads/term-open-letter-and-statement.zip
(4)
http://www.openrightsgroup.org/wp-content/uploads/ebu-position-paper-extending-the-term-of-copyright-protection.doc

Earlier this month ORG met with MEPs in the European Parliament to express
our serious concerns about the proposal. We warned that the European
Commission's own figures demonstrate that performers will benefit little
from the extended term (5), while the world's four major record labels will
gain millions of Euros direct from consumer's pockets. We argued that this
damaged the respect necessary for a functioning IP system.

(5)
http://www.openrightsgroup.org/wp-content/uploads/openrights-scotsman-oct-08.pdf

But our voice is not as powerful as yours. It's vital that you contact your
MEPs now (6) and tell them why term extension is bad news (7).

(6) http://www.soundcopyright.eu/system/files/MEP+lobbying+tips.pdf
(7) http://www.soundcopyright.eu/system/files/Briefing.pdf

With all the evidence pointing against this measure, you can call on your
MEPs to put a stop to bad IP law and reject this proposal. You can also also
tell the appropriate government department in your own EU country (8) (in
the UK it is DCMS), as they will be meeting in the Council of Ministers to
discuss term extension.

(8) http://www.wipo.int/directory/en/urls.jsp

With the European elections next year, Parliament is set to move quickly on
this issue. It's up to you to remind your representatives that their job is
to look out for your interests, not to rush through bad law.

Thanks again - we'll keep you updated.

The Sound Copyright Campaign

Run by the Open Rights Group and EFF

-- 
carlos palombini
<cpalombini em gmail.com>

abbaye d'ardenne
14280 saint-germain-la-blanche-herbe
calvados
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