This site uses cookies to help make it more useful and reliable. Our cookies page explains what they are, which ones we use, and how you can manage or remove them.

Implementation of Directive 2011/77/EU Amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights

Reference: 2013-001

Launch date: 7 January 2013
Closing date: 4 March 2013

The purpose of this consultation is to get stakeholders' views on the draft regulations that will implement Directive 2011/77/EU. The Directive requires the UK to extend the length of copyright term in sound recordings and performers' rights in sound recordings from 50 to 70 years. The Directive also includes specific provisions for performers.

In addition to the extension of copyright term the Directive provides for harmonisation of the copyright term for co-written musical compositions with words.

We propose to implement the Directive by means of secondary legislation under the powers conferred by Section 2(2) of the European Communities Act 1972 and the Enterprise and Regulatory Reform Act 2013.

Corrigendum: In new Section 191HA(2) of the Copyright Designs and Patents Act 1988 (CDPA) as provided for by Regulation 8 of the draft Statutory Instrument we have calculated the 50 year period after which the performer may issue a notification to the producer in a way that we now consider may be inconsistent with the provisions of Article 3(2) of the Directive. In this regard, we propose (subject to Parliamentary Counsel agreement) to amend the draft Regulations in order to bring them into line with the Directive and with Section 13A(2) CDPA to provide that the 50 year period begins on the date of publication of the sound recording or, in the absence of publication, 50 years from the date on which the sound recording is played in public or is communicated to the public. This proposed amendment will not be subject to further consultation.

The consultation is aimed at all interested parties, including musicians, record producers, lyricists and composers and those organisations and individuals who represent these interested parties.