The Stage

Pressure mounts on EU leaders to double copyright protection length for performers

Published Monday 14 July 2008 at 17:10 by Lalayn Baluch

European Union leaders are facing mounting pressure from music campaigners to almost double the term of copyright protection for performers, as they prepare to debate the issue in Brussels.

EU officials are due to meet on Wednesday to discuss proposals made by EU internal market commissioner Charles McCreevy, who has recommended that rights for performers should be extended to match the amount of time that music writers are currently covered by.

McCreevy has also suggested that 20% of the revenue generated in the extended term of rights be used to create a fund for session musicians who played on a particular track.

The Musicians’ Union has reiterated its call to commissioners to extend copyright protection from 50 to 95 years. It warns that without the increase many performers will lose out on large amounts of money because they will be unable to claim revenue on work that is more than 50 years old.

Herbie Flowers, who performed on songs including Lou Reed’s Walk On The Wild Side and David Bowie’s Space Oddity, said: “The term of protection for performers has not kept up with life expectancy and it is high time it was changed. I played on a couple of very successful tracks, and it would be unfair for me to stop receiving income for these performances after 50 years - probably just at the time when I will need it the most.

“This argument is not about a handful of extremely rich signed artists, it is about a huge number of highly skilled session musicians who are being short changed under the current system.”

The MU is supported by musicians such as saxophonist GS Gregory, who has performed with artists including George Michael and the Rolling Stones, bassist John McKenzie, who has worked with the likes of Bob Dylan and the Pretenders, and flautist Andy Findon, whose work features on tracks by Elaine Page, Elvis Costello and Bjork.

MU general secretary John Smith added: “A letter was sent to [European Commission] President Barroso last week on behalf of performers’ trade unions and collective right management organisations from all 27 member states urging the commission to move forward with these proposals.

“By adopting McCreevy’s proposals, the commission would at last begin to acknowledge the contribution made by performers to European creativity, and go a considerable way to affording them a long overdue official recognition of their talent.”

Last month, culture secretary Andy Burnham vowed to “engage constructively” with the music industry over copyright negotiations, particularly on behalf of “session musicians who need to be supported and helped throughout their careers and afterwards”.