Mark Perkins lists wrote:
>
> Music doesn't have to be classical to be classic. The music of today
> has deep roots in the music that came before it, both recent and
> ancient. But something is threatening the music of the past, and we
> need your help to stop it.
In practice, we are are talking about music which itself is out of copyright
(see below).
> In an attempt to squeeze every last bit of profit from their
> catalogue, the recording industry is trying to extend their control
> over sound recordings by asking the government to extend the term of
> copyright protection for sound recordings. It's important to remember
> that we're not talking about the artists who make the music, but
> rather the companies who own the rights to that music. Most artists
> have to to give up their rights when they sign contracts with record
> labels. It is these surrendered rights that the companies seek to
> control.
It depends, we are also talking about the performance right, which has the
same duration as the copyright in the recording. Orchestral players, etc,
will have surrendered their rights in return for a one-off fee, but soloists
will typically get royalties. Especially in the pop world: this has been
highlighted by Cliff Richard, who has so outlived his early fame to find
that his royalties are about to dry up! (Joan Sutherland is in the same
position, of course, but no-one talks about her!) Of course, what everyone
overlooks is that although the copyright in the sound recording will have
expired, the music itself will still be in copyright, so royalties will
still have to be paid on re-issues. But Cliff Richard doesn't write his own
songs, of course.
> .and it's not just music that's in copyright now that's in danger,
> it's also the music that's currently in the public domain and free of
> copyright that will suffer. Over 40 years worth of music which is
> currently free of legal restrictions will be forced back under
> private control, with no obligation to make it available to anyone if
> it's not thought to be profitable.
As I said, it is effectively *only* music that is out of copyright that is
really affected, at least as far as the public are concerned.
John Briggs
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