“Copyright extension is the enemy of” creativity and learning. No to the EU extension on sound copyright.

Updates – scroll to the bottom.

This post contains arguments and resources on sound copyright to persuade you to write to your MEPs now (more at the bottom).

The EU votes on copyright extension on 23rd March. The big stakeholders in the music industry – namely the BPI (i.e. back catalogue owners) superstars and creators who think an extension will earn them more than it’s actually predicted to – have lobbied for an extension of sound copyright term (for disambiguation see this UK Copyright Service overview of current law for different media – and note that the licence they use is Creative Commons licensing) from 50 years to 95 years – that’s nearly double. The UK government is currently supporting 70 years. The evidence is against them. From Sound Copyright’s briefing:

“The Commission estimates the performers’ share of new sales revenues from the proposed extension at 10%. However, this conveniently ignores their own statement that redistribution will be highly skewed in favour of the top earning 20% of performers. From that 10% share “between 77% and 89.5% of all income … goes to the top 20% of earning performers”. For the vast majority of performers the projected extra sales income resulting from term extension is likely to be meagre: from as little as 50¢ each year in the first ten years, to as “much” as €26.79 each year.”

and moreover:

“Each major label would be expected to gain €8.2million—€163million over the 45 year term. That, in turn, works out at €205,000—€4.075m per label per year. This is a windfall for record labels.”

Or those who own the rights to the back catalogues. More evidence via the links towards the bottom.

I am not at all into IP, but don’t ask me for an alternative to safeguard creators against competition on an open market against behemoth corporations who take their stuff and undercut them. That’s one trouble with markets – they tend to bring out the realist in people. IP law introduces the principle of public interest into the two extremes – monopoly for the creator forever and a free-for-all in which the creator fails to earn a living at all. Basically, the public interest – access to cultural and scientific heritage – is expressed in the time-limitation of copyright. For more  about this see the Billy Bragg link at the bottom.

Last years Times letter – copyright extension is the enemy of innovation – fought convincingly on the ‘benefits to creators’ front*. Another more recent letter coordinated at the Centre for Intellectual Property and Policy at the University of Bournemouth, to Culture Minister David Lammy – this emphasises needless criminalisation of and growing unrest among the end users.

You can get the 2006 Gowers Review of Intellectual Property free of charge from Her Maj’s Treasury. It made a number of recommendations about intellectual property (IP) in a digital age, notably number 3 – for the European Commission to retain copyright at 50 years. The University of Amsterdam Institute for Information Law (in a study for the European Commission) also found the case for extension to be flimsy (p6-7 of that summary – not entirely comprehensible explanation but the sentiment is clear, see too this letter). However, there is every chance that the EU will be argued into ignoring these recommendations. The US offers much longer (there is mounting pressure against the bonkers copyright law in the form of an inspiring and gathering campaign for the scientific and cultural commons).

Still not convinced?

  • Watch The Open Rights Group short vid – How Copyright Extension Actually Works.
  • Watch Becky Hogge of the Open Rights Group at the Sound Copyright conference.
  • The most recent and most entertaining thing I’ve seen in the past week – watch and/or listen to James Boyle talking about his book (free download – on my iLiad – if youre getting an (e)reader, make sure you can do this with it) Public Domain – Enclosing the Commons of the Mind at the RSA.
  • The RSA is also behind the 2006 Adelphi Charter – a short and readable  position which seeks to balance innovation, creativity and IP in a digital age. It flags public interest and rights to education, health, employment and cultural life.
  • From the US, listen to Larry Lessig, founder of a place I wish I followed more closely, Stanford University’s Center for the Internet and Society and chair of the licence scheme for individual creators, Creative Commons.
  • Alternative revenue? The Nine Inch Nails business model is talked about.
  • Relevant (because he is in favour of copyright extension, and because while most people love the artists they love, they have little love for the record industry and will nick music if they think that paying for it mostly serves that industry) read and listen to Billy Bragg (in strangely-presented Register pieces) on the difference of interests between artists/performers and the industries who use them for revenue. He argues “don’t keep clobbering the end user” and he argues against “life of copyright” deals which deny artists revenue from recorded work and hike up the price. He has co-founded the Featured Artists Coalition to, among other things, make the case for royalties from work which is used by, say, Google, YouTube and Nokia. He wants a reconfiguration of the music industry around the artists rather than the companies. If he had his way already, the current debate about extending copyright would be very different because the predicted gains of the record companies would be vastly less as a proportion, and the debate would be straightforwardly about balancing artists’ interests with public interests without the public having to tactfully point out that the principle beneficiaries of copyright extension are the record companies and the superstars. But he doesn’t, and they won’t.

Contact your MEPs to turn up to the session* on 23rd March and vote against copyright extension and in favour access to our shared cultural heritage. I based my message round:

*One thing I’m not sure about is “the session”. I’d like to have given details, but they weren’t to hand.

Update 28 Mar 09

After a cooling on the extension, this from Music Week:

“The industry has been dealt a savage blow in Brussels today with the European Council throwing out a revised term proposal.”

On the midnight news last night they said that UK government, which favours the extension, swung round because there was no guarantee that the royalties would reach the artists (when did it ever not look like it was going to be a record company scoop?) I don’t fully understand the jargon “session fund” and “clean slate proposal” and no time to find out. But this is at least good news for now.

In other good news, the EU failed to pass a draconian 3 strikes and you’re banned from the Internet law against illegal downloaders.

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