Artists back Government term extension stance

09:35 | Monday March 30, 2009

A decision by the Government not to support a 12-page deal in Brussels last Friday that suggested term of protection should be extended to 70 years produced an angry reaction from industry players leading the fight for term extension.

Despite previously saying it was backing term extension, the UK Government came out against this deal because it wanted measures in it requiring labels to return recordings to an artist if they are not being exploited and the establishment of a session fund obliging companies to set aside 20% of revenues to be permanent rather than “transitional measures”. This meant they would only apply to recordings existing at the time the Directive is brought in.

In a statement the FAC notes, “The Featured Artists Coalition commends the British Government for recognising that the proposed extension of copyright term in recorded music does not deliver real lasting benefits for artists or consumers.

“Under the proposals voted down on Friday, record companies would simply gain another 45 years of ownership, entrenching the terms of record contracts signed in an analogue age.

“Historically, record companies took an average of 85% of the price of a sound recording because they had to manufacture and distribute physical product. Although the internet has made this no longer necessary, deals are still being signed under the old model and artists are being offered royalty rates of 15% of the price of a digital download. While this might sound a lot, the reality is that through a range of discounts and deductions this 15% is dramatically reduced to only a few pence at best.”

The FAC, whose board of directors include Billy Bragg, Ed O’Brien (Radiohead), Dave Rowntree (Blur), Howard Jones, Kate Nash, Hal Ritson (The Young Punx) and Mark Kelly (Marillion), adds it supports the principle of extending copyright beyond the current term, but believes that all rights in recordings should revert to the artist after 50 years.

“Owning our rights would enable artists to negotiate new deals with record labels and other users of music that would reflect the true costs of digital distribution," the statement continues. "We would also be able to decide when our music can be used for free and when we should expect remuneration. Furthermore, the amount of catalogue that major rights holders have digitised is shocking, with one major record label admitting that only 30% of what is in their vaults has been digitised. If this is the case for other major rights holders then returning rights to artists would allow the remaining 70% of catalogues to be brought out into the daylight, providing consumers with greater access to a wider range of music.”