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Re:Marks on Copyright and Trademark

SPORTS, MEDIA AND ENTERTAINMENT INTELLIGENCE FEBRUARY, 2013 Edition: DIGITAL MEDIA AND INTERNET

Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper

DIGITAL MEDIA AND INTERNET

UK: Consultation on the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights

The Intellectual Property Office (the IPO) has launched a consultation on the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights (the Consultation).

The consultation, launched in January 2013, will receive views of interested parties on the draft regulations that will implement Directive 2011/77/EU. It is aimed at stakeholders, including broadcasters, composers, content distributors, lyricists, musicians and record producers, and those individuals and organisations who represent these stakeholders.

Directive 2011/77/EU requires the UK to extend the length of copyright term in sound recordings and performers’ rights in sound recordings from 50 to 70 years from the death of the last surviving author. It also includes specific provisions for performers, who will be able to profit from revenue streams relating to their work for a period that compares more closely to their life expectancy. This is different from the existing position, in which others can exploit a performer’s work for financial gain with no financial reward to the artist during their lifetime after the initial 50 years post-performance. Performers will accordingly benefit from the chance to gain compensation for an extra 20 years (70 years in total) post-performance when their performance or sound recording is played in public or otherwise communicated to the public.

Along with the extension of copyright term, the Directive provides for harmonisation of the copyright term for co-written musical compositions with words. The IPO recommends the implementation of the Directive by means of secondary legislation under the powers conferred by § 2(2) of the European Communities Act 1972 and the Enterprise and Regulatory Reform Act 2013.

 

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