Term of Copyright Protection Directive Amendment – Why the Commission is Wrong Cover Image

Predĺženie trvania práv k hudobným umeleckým výkonom – Prečo sa Komisia mýli
Term of Copyright Protection Directive Amendment – Why the Commission is Wrong

Author(s): Rudolf Leška
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: copyright law; law relating to copyright; intellectual property; the artistic performance; sound recording; duration of protection; internal market; approximation of laws

Summary/Abstract: A directive introducing extended term of copyright protection in performances fixed in phonograms and phonograms was approved on September 12th, 2011. Without broader public discussion and without regard to opinions of copyright experts an extensive term of protection of up to 50 + 70 years (which is far more than 5 years of commercial life of a common recording) has been established on grounds of strange ideological mix of neoliberal (neoclassical) and socialistic (liberal) policy. Contrary to the assertions of the Commission, the directive does not help even the performers themselves while instruments which could have help them in reality were not considered by the Commission at all. Performers thus became mere hostages creating a “smoke blanket” in front of sound recording producers who are real beneficiaries of the directive. Macroeconomic costs connected with higher administrative burden, right holders search, limited competition and availability of information as well as higher price of sound recordings will be born by consumers and the society as a whole.

  • Issue Year: 1/2011
  • Issue No: Coll.
  • Page Range: 297-304
  • Page Count: 8
  • Language: Czech