If you want to know what was written during the 1920s, then you can go to a library and order a copy of any book published at the time. As you will know, the situation with recordings is quite different. Few libraries have sound archives. Even if you could find copies yourself, most interested people would not have the equipment to play obsolete formats like 78s or phonograph cylinders.
It is not economic for the major record companies to re-issue much of this material. In many cases the companies have destroyed their master copies, and the potential market for the re-issues is quite small – many sell less than 100 copies. Currently Windyridge provide the equivalent of “audio reprints” of old music hall material. Without efforts such as ours, much of our musical heritage would otherwise remain unheard.
Sound recordings are protected by two distinct copyrights. Firstly the underlying musical composition is protected as a literary work, but there is an automatic right for third parties to licence the material. Secondly the actual recording is protected, currently for 50 years within the EU. This second right is held by the record companies who want to extend this period, and are keen to block third parties for a further 45 years. This would be an abuse of their monopoly. It follows that an extension of the sound recording copyright period would prevent the re-issue of all material right back to before the First World War.
Since 2005, there have been numerous UK Government and European Union reports on this subject - all have come out strongly against any extension to the current 50 year term. This is despite extensive lobbying by the major record companies and their top artists such as Sir Cliff Richard. EMI want to extend their copyright so that they can continue to profit from such things as sales from the Beatles back catalogue; they are not concerned with the effect on availability of historic material.
Despite all the counter arguments, the EU Internal Market Commissioner, Charles McCreevy, proposed in February this year to introduce legislation to extend Europe's term of copyright in recordings from the current 50 years to 95 years. This goes against all the detailed studies of the last three years. Rather than attempting to lock up our heritage, the EU should be commending and protecting those individuals and organisations who have painstakingly restored old recordings and once again made them available to the general public.
If you feel strongly about this subject, now is the time to write to your MEPs and your MP asking them to oppose any proposals to introduce a retrospective extension of the copyright term for sound recordings.
There is also an on-line petition available for you to sign.
You can also write to:
Mr. Charlie McCreevy
European Commissioner for Internal Market and Services
EUROPEAN COMMISSION
B-1049
Brussels
BELGIUM
Please act now before it is too late.
www.musichallcds.com
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