The Council of the European Union has adopted last Monday, on September 12, a directive extending the term of protection of the rights of performers and phonogram producers on music recordings within the EU from 50 to 70 years.
The main reason to enlarge the protection of performers was that they generally start their careers young and the 50 year rule did often not protect their performances for their entire lifetimes. So they risked an income gap at the end of their lifetimes.
Beside this the directive foresees measures in order to ensure that artists who have transferred their exclusive rights to phonogram producers actually benefit from the term extension and may recuperate their rights subject to certain conditions.
Finally the directive harmonizes the method of calculating the term of protection of songs and other musical compositions with words created by several authors. The term of protection will expire 70 years after the death of the last person to survive – the author of the lyrics or the composer of the music
The member states will have to incorporate the new provisions into their national legislations within two years.
The main reason to enlarge the protection of performers was that they generally start their careers young and the 50 year rule did often not protect their performances for their entire lifetimes. So they risked an income gap at the end of their lifetimes.
Beside this the directive foresees measures in order to ensure that artists who have transferred their exclusive rights to phonogram producers actually benefit from the term extension and may recuperate their rights subject to certain conditions.
Finally the directive harmonizes the method of calculating the term of protection of songs and other musical compositions with words created by several authors. The term of protection will expire 70 years after the death of the last person to survive – the author of the lyrics or the composer of the music
The member states will have to incorporate the new provisions into their national legislations within two years.
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