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Directive 2011/77/EU

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Directive 2011/77/EU on the term of protection of copyright and certain related rights amended Directive 2006/116/EC and extended the duration of performers' and producers' rights in phonograms (also known as sound recordings) from 50 to 70 years.[1] It was passed by the Council of the European Union on 12 September 2011[2][3] after the European Parliament passed it on 23 April 2009 establishing a term of 70 years,[4] lower than the 95 years the European Commission had proposed on 16 July 2008.[5]

Purpose of the extension

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The stated purpose of the extension of the recording copyright term is to "bring performers' protection more in line with that already given to authors - 70 years after their death." The term in Directive 2006/116/EC[6] is 50 years after publishing the performance, or 50 years after the performance if it is not published.

Argument for and against

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The Impact of Copyright Extension for Sound Recordings in the UK, a PriceWaterhouseCoopers report commissioned by the British Phonographic Industry and cited by the European Commission,[7] suggested that the extension to 95 years would increase revenue by £2.2 million to £34.9 million in present value terms over the next ten years. It also suggested that the "prices of in-copyright and out-of-copyright sound recordings are not significantly different" so that consumers would not be impacted.[8]

The Gowers review of Intellectual Property stated that "is not clear that extension of term would benefit musicians and performers very much in practice."[9] An article written by Dutch academics and published in the European Intellectual Property Review, Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea, concluded that the arguments for copyright extension were not convincing.[10]

See also

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References

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  1. ↑ "Consolidated text: Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)". EUR-Lex. European Union. 27 September 2011. Retrieved 13 September 2025.
  2. ↑ Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.
  3. ↑ "European Commission - PRESS RELEASES - Press release - Brussels, 12 September 2011 New rules on term of protection of music recordings". europa.eu. Retrieved 2016-02-20.
  4. ↑ "Commission welcomes Parliament vote on copyright term". European Commission. 23 April 2009. Retrieved 13 September 2025.
  5. ↑ EUROPA - Press Releases - Intellectual Property: Commission adopts forward-looking package
  6. ↑ Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights, article 3.1 (Duration of related rights)
  7. ↑ EUROPA - Press Releases - Commission Proposal on a Directive for Term Extension – Frequently Asked Questions (see, IP/08/1156)
  8. ↑ "The Impact of Copyright Extension for Sound Recordings in the UK: A Report for the Gowers Review of Intellectual Property prepared by PwC on behalf of the BPI" (PDF). PriceWaterhouseCoopers. 2006. Archived from the original (PDF) on 2011-10-06.
  9. ↑ Gowers Review of Intellectual Property "Archived copy". Archived from the original on 2010-04-07. Retrieved 2010-04-07.{{cite web}}: CS1 maint: archived copy as title (link) Andrew Gowers The Gowers Review of Intellectual Property pg 50 section 4.29
  10. ↑ Helberger, Natali; Dufft, Nicole; Van Gompel, Stef; Hugenholtz, Bernt. "Never Forever: Why Extending the Term of Protection for Sound Recording is a Bad Idea" (PDF). Institute for Information Law, University of Amsterdam. Archived from the original (PDF) on 2009-07-25. Retrieved 2009-12-31.
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Directive in the news:

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