The Legal Affairs Committee in the European Parliament has approved the resolution to extend the copyright term, as we have discussed in the past, from 50 years to 95 for recordings. This will now move on to a plenary vote in March.

Opposition for the extension has been considerable. Last month, the Open Rights Group (ORG) held a roundtable with several academics and MEPs, including at least one member of the Legal Affairs Committee, while scathing critiques on the proposal have appeared in influential newspapers over the past year.

Crucially, the main ‘benefit’ touted by Commissioner McCreevy – that it’s for the benefit of session musicians and the like – is significantly weakened by an amendment from the committee that gives the administration over to collecting societies. Of course, that’s assuming you can prove your entitlement to this money. According to veteran producer and musician Mike Collins, speaking at the ORG roundtable, records relating to session musician participation were not common until recently.

Perhaps worst of all, the commission has now been asked by the committee to perform an impact study based around extending the term of video performances by a similar amount. Although the study will doubtless find that there will be little benefit to any but the major content producers in performing such an extension, it will likely be ignored (as the study that said the same thing in this case was ignored) and the proposal will proceed.

There is a slight ray of hope though, in that there is a requirement to review the social situation of artists in 3 years time, and then every 4 years, to see how this has improved things. This might curtail any further extension on this subject, but the non-existent change in artist benefits from this, might prompt them to put things back how they were. Or, they could decide to make the terms even longer….

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The Directive, due to be voted on some time in the near future, will mainly be to the benefit of large record label, and not small artists and session players, as proponents claim. In a speech last month, though, Commissioner McCreevy countered that argument, saying “To that criticism can I say that the average annual pay-out might not appear significant to academic critics, but €2,000 (£1,760) extra per year is significant to an average session player.”

The reality though, is very different. Even EU backed studies have found significant downsides to any extension, with the only study supporting an extension coming from the British Phonographic Industry (BPI) – the British music lobby group. Even Andrew Gowers, author of the independent Gowers Report into ‘intellectual property’ has recommended against an extension.

Thus the Open Rights Group has decided to try and educate MEPs. It will be holding a meeting with them, to try and bring attention to the problems and negative aspects of the directive. It has also created the following video to explain to those that can’t be there.

The meeting is free to attend, and will include people with experience in the industry. If you’re interested in attending, details are available here

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The proposal is supposed to secure the pensions of long forgotten artists. In a statement, McCreevy said “I am not talking about featured artists like Cliff Richard or Charles Aznavour. I am talking about the thousands of anonymous session musicians who contributed to sound recordings in the late fifties and sixties. They will no longer get airplay royalties from their recordings. But these royalties are often their sole pension.”

According to the Financial Times, the proposal could come up to vote as early as this Wednesday, July 16th. Also up for discussion would be a plan to split up rights societies by the antitrust arm of the commission, potentially making rights societies compete against each other for the rights to collect royalties from artists.

While this would certainly be a better way to curb their less than philanthropic actions, if it comes at the cost of greater copyright, is it that beneficial to the 500 million citizens of Europe? There is a glimmer of hope though. Two commissioners are opposed to the extension plan; telecoms commissioner Viviane Reding and commissioner Antonio Tajan.

The copyright extension plans met initial scorn back when they were first announced in February, with groups like the Open Rights Group and the EFF launching a petition to have it blocked, as well as a website to deal with the issue. Nevertheless, McCreevy kept on going, and the proposal is now ready to be voted on.

McCreevy himself has his pension already planned from a former partnership in a chartered accountancy firm (and he has been in politics since 1977, so he clearly planned early). It is left to wonder then why he feels the need to legislate some sort of speciality pension for artists. If they decide to stop work at 25, why should they be paid for it past 75? If that has been their only source of income, why could they not have done as the hundreds of millions of other EU citizens, myself included, and planned for their retirement?

Commissioner McCreevy had not replied to a request for comment at the time of publication.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.