No extension of copyright on sound recordings says government review [updated]

By Simon Aughton

Posted on 27 Nov 2006 at 11:41

A UK government enquiry will recommend that copyright on sound recordings is not extended beyond the current 50 years' protection.

According to the BBC, The Gowers Review of Intellectual Property will 'reject calls from record companies and some artists for copyright to last 95 years'. If the government agrees, then early recordings by Cliff Richard, a prominent campaigner for extending protection, will be in the public domain in 2008.

The BPI, which represents the largest UK record companies, said that it had not yet seen the Gowers report but called on the government to reject its findings, assuming the BBC report is accurate

'It's in the government's power to ignore such a recommendation and they should do so, said BPI chairman Peter Jamieson. 'There can be no rationale for discriminating against performing artists - a vital part of the creative mix - nor can it be possible to justify disadvantaging Britain and Europe in the global music market.'

But the Open Rights Group said that the leaked recommendation is encouraging.

'Such a decision would be a victory for musicians and business alike, making it possible for them to re-use, remix, and re-release classic old recordings,' it said in statement. 'The public will benefit too, from increased choice in the re-release market and from a rich creative environment within which contemporary artists can reinvigorate old recordings. And for libraries it is essential, allowing them to preserve our cultural heritage and provide public access to it without fear of lawsuits or crippling copyright clearance fees.'

Under the current - and now, it seems, future - regime, early Beatles recordings will come out of copyright in 2012 and 2013, meaning that anyone will be legally permitted to copy and commercially exploit those recordings.

Some early Elvis Presley recordings, including the groundbreaking Sun sessions, are already in the public domain in the UK, though they remain under copyright in the US and other countries.

The UK music industry has argued that its high level of spending on 'R&D' merits greater copyright protection, while Simply Red singer, Mick Hucknall, said last week that copyright promotes creativity and the free circulation of ideas.

'Copyright is not a monopoly restricting the free flow of ideas,' he said. 'Allowing valuable sound recordings to pass into the public domain does not create a public asset: it represents a massive destruction of UK wealth, and a significant loss to the UK taxpayer as exploitation moves offshore or into the grey market.'