(...) What are the main elements of the revised Directive?
Copyright for performers extended from 50 to 70 years: The Directive narrows the gap between the copyright term of protection for authors (currently life plus 70 years after the authors' death) and the term of protection for performers (currently 50 years after the performance). Performers will now be guaranteed remuneration over a longer period of time. (More detail below)
Additional measures to improve performers revenue:
- The Directive also strengthens the position of performers with a number of accompanying measures. Since performers usually assign their rights to the record producers, these measures will ensure that performers will get additional revenue from the extension (session musicians' fund).
- Additionally, if record producers fail to market a recording, performers can of get their rights back and market it themselves ('use it or lose it' provision).
- Finally, record producers would be prevented from making deductions to the royalties they pay to featured performers after the initial 50 years are over (a 'clean slate').
Today's adoption of the Directive is one of the deliverables announced by the Commission in its Strategy on intellectual property rights adopted in May 2011:
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