UK Implements Copyright Term Extension From 50 to 70 Years

The United Kingdom has announced the implementation of new rules that extend the term of copyright for sound recordings and performers rights in such recordings from 50 to 70 years.

The UK Department for Business, Innovation and Skills made the announcement on 1 November.

In a release, BIS said: “The Copyright and Duration of Rights in Performances Regulations 2013 implement EU Directive 2011/77/EU into UK law. Recorded performers and musicians will also benefit, after 50 years following publication of the sound recording, from some additional novel and innovative measures including:

• a “session fund” paying many performers (such as session musicians) 20 per cent of revenues from sales of their recordings

• a “clean slate” provision, whereby a producer may not make deductions from payments to performers (such as advances of royalties) from publication of a recording

• a “use it or lose it” clause – which allows performers and musicians to claim back their performance rights in sound recordings if they are not being commercially exploited”

“The new rules bring lasting benefits for our world class recording artists. These changes demonstrate the Government`s ongoing commitment to, and support for, our creative industries – who are worth billions to our economy,” UK Minister for Intellectual Property, Lord Younger, said in the release. “Artists who performed on sound recordings will benefit from this extension of copyright protection from 50 to 70 years. The changes should help ensure that musicians are rewarded for their creativity and hard work throughout their careers.”

The Directive also harmonises the length of copyright term for co-written works, the release said, adding that the directive was approved by EU member states in September 2011 and the UK government has implemented the directive on time.

A guide to the EU directive is available here.