A letter from Professor Bently, Professor Martin Kretschmer (Bournemouth University) and signed by many leading European IP academics, in response to the European Commission's adoptation of a proposal to extend the term of protection for performers and sound recordings from 50 to 95 years, has been published in The Times under the heading Copyright extension is the enemy of innovation.
The text of the letter reads:
From The Times July 21, 2008
Copyright extension is the enemy of innovation
The proposed Term Extension Directive will alienate a younger generation that fails to see a principled basis
Sir, Europe's recorded music was about to experience a wave of innovation. For the first time, a major set of culturally important artefacts was to enter the public domain: the sound recordings of the 1950s and 1960s. Apparently not so. If the European Commission has its way, re-releases and reworkings of recorded sounds will remain at the mercy of right owners for another 45 years (report, July 17). Why?
The record industry succeeded to supply the Commission with evidence that was not opened to public scrutiny: evidence that claims that consumer prices will not rise, that performing artists will earn more, and that the record industry will invest in discovering new talents, as if exclusive rights for 50 years had not provided an opportunity to earn returns.
The Commission's explanatory memorandum states: "There was no need for external expertise." Yet, independent external expertise exists. Unanimously, the European centres for intellectual property research have opposed the proposal. The empirical evidence has been summarised succinctly in at least three studies: the Cambridge Study for the UK Gowers Review of 2006; a study conducted by the Amsterdam Institute for Information Law for the Commission itself (2006); and the Bournemouth University statement signed by 50 leading academics in June 2008.
The simple truth is that copyright extension benefits most those who already hold rights. It benefits incumbent holders of major back-catalogues, be they record companies, ageing rock stars or, increasingly, artists' estates. It does nothing for innovation and creativity. The proposed Term Extension Directive undermines the credibility of the copyright system. It will further alienate a younger generation that, justifiably, fails to see a principled basis.
Many of us sympathise with the financial difficulties that aspiring performers face. However, measures to benefit performers would look rather different. They would target unreasonably exploitative contracts during the existing term, and evaluate remuneration during the performer's lifetime, not 95 years.
We call on politicians of all parties to examine the case presented to them by right holders in the light of independent evidence.
Professor Lionel Bently, Director, Centre for Intellectual Property and Information Law, University of Cambridge
Professor Pierre-Jean Benghozi, Chair in Innovation and Regulation in Digital Services; Director, Research in Economics and Management, Ecole polytechnique, CNRS 1, Paris
Professor Michael Blakeney, Co-Director, Queen Mary Intellectual Property Research Institute, University of London
Professor Nicholas Cook, Director, AHRC Research Centre for the History and Analysis of Recorded Music, Royal Holloway, University of London
Professor Dr. Thomas Dreier, Director, Centre for Information Law, Universität Karlsruhe, Karlsruhe Institute of Technology
Professor Dr Josef Drexl, Director, Max-Planck-Institute for Intellectual Property, Munich
Dr Christophe Geiger, Associate Professor and Director elect, Centre for International Industrial Property Studies (CEIPI), University of Strasbourg
Professor Johanna Gibson, Co-Director, Queen Mary Intellectual Property Research Centre, University of London
Professor Dr Reto Hilty, Director, Max-Planck-Institute for Intellectual Property, Munich
Professor Dr Thomas Hoeren, Director, Institute for Information, Telecommunications- and Media Law, Münster University
Professor Bernt Hugenholtz, Director, Institute for Information Law, University of Amsterdam
Professor John Kay, Chair, British Academy Copyright Review
Professor Martin Kretschmer, Director, Centre for Intellectual Property Policy & Management, Bournemouth University
Professor Dr Annette Kur, Max-Planck-Institute for Intellectual Property, Munich
Professor Hector MacQueen, Co-Director, SCRIPT/AHRC Centre Intellectual Property & Technology Law, University of Edinburgh
Professor Ruth Towse, Professor of the Economics of Creative Industries, Erasmus University Rotterdam and Bournemouth University
Professor Charlotte Waelde, Co-Director, SCRIPT/AHRC Centre Intellectual Property & Technology Law, University of Edinburgh
Twitter
Email