Performers' copyright extended to 70 years

On 12 September 2011 the Council adopted a directive which extends the period of protection of the rights of performers and phonogram producers on music recordings within the EU from the current 50 years to 70 years.

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The main reason for such an extension is to allow performers to receive income for their recorded performances over a longer period than has so far been the case. This is especially important for performers who experience financial difficulties, especially in their senior years.

Until now such protection lasted for 50 years after the performance. The explanation is that given the increasing average life expectancy in the EU (currently – 76.5 years for men and 82.4 for women) the 50-year period is not long enough, as the majority of performers start their careers in their 20s.

Eight member states voted against the amendment and two abstained. Some of them argued that the measure might be more beneficial to the record producers than the artists and that it might have a negative impact on enterprises, broadcasters and consumers.

The directive contains several additional protection measures. For example, performers who have transferred their exclusive rights to phonogram producers will be able to get them back (subject to certain conditions) and market their recordings themselves, if they think a record producer is failing to market their recording ("use it or lose it" clause).

Another example is the so-called "clean-slate" provision, which means that producers are not entitled to make any deductions from the contractual royalties that are due to performers during the extended term.

The 27 member states will have to transpose the new directive into their national law within two years.

More information:
Frequently Asked Questions (EN)
Press release (pdf)