[pd-discuss] Legal question regarding performance recordings

Wed Feb 1 11:35:37 UTC 2012

Sorry , a small correction, the publication was in 2004 not in 2000.

Also it would be great to know how much restoration of the said
recordings would make a difference.

Thanks ,

Adam.

On 1 February 2012 12:22, Adam Green <adam.green at okfn.org> wrote:
> HI,
>
> I was wondering if any legal experts here might be able to clear
> something up for me regarding the EU law on the copyright term of
> audio recorded performances:
>
> The relevant section from the Directive 2006/116/EC
> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0116:EN:HTML
> seems to be....
>
> Duration of related rights
> 1. The rights of performers shall expire 50 years after the date of
> the performance. However, if a fixation of the performance is lawfully
> published or lawfully communicated to the public within this period,
> the rights shall expire 50 years from the date of the first such
> publication or the first such communication to the public, whichever
> is the earlier.
> 2. The rights of producers of phonograms shall expire 50 years after
> the fixation is made. However, if the phonogram has been lawfully
> published within this period, the said rights shall expire 50 years
> from the date of the first lawful publication. If no lawful
> publication has taken place within the period mentioned in the first
> sentence, and if the phonogram has been lawfully communicated to the
> public within this period, the said rights shall expire 50 years from
> the date of the first lawful communication to the public.
> However, this paragraph shall not have the effect of protecting anew
> the rights of producers of phonograms where, through the expiry of the
> term of protection granted them pursuant to Article 3(2) of Directive
> 93/98/EEC in its version before amendment by Directive 2001/29/EEC,
> they were no longer protected on 22 December 2002.
>
>
> The case is in question is of a recording made in 1949.
> From this i gather that copyright expires 50 years after the first
> publication of a recording, or public communication of this recording.
>
> I have two main questions:
> 1) what exactly constitutes a communication to the public - how is this defined?
> 2) what happens if the first commercial publication was in 2000?
> (longer than 50 years after the recordings were made).
>
> Many thanks for you help
>
> All the best,
>
> Adam.
>
> --
> Adam Green
>
> Editor, The Public Domain Review
> http://publicdomainreview.org/
>
> The Open Knowledge Foundation
> http://okfn.org/

-- 
Adam Green

Editor, The Public Domain Review
http://publicdomainreview.org/

The Open Knowledge Foundation
http://okfn.org/