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Copyright in Europe

The Commission of the European Community has set 1992 as the date by which the twelve countries making up the EC will become a 'single market'. The necessary procedures will involve a harmonisation of laws, taxes and regulations throughout the twelve nations. In economic terms, the sale of records and tapes in the EC currently represents some 30 per cent of the world market, slightly more than the US market. In June 1988 the Commission published its proposals on copyright laws, which it described as a 'struggle to adapt concepts devised in the age of the messenger on horseback to the age of electronic transmission'. Among the issues dealt with in the proposals are piracy the Commission wants common legal rights for performers against bootleggers record rental where the suggestion is to parallel the US situation which gives copyright owners full control over CD and other rental operators and home-taping. On the latter point, the EC Commission's view reflects the fierce political controversy over the private copying of sound recordings. It deals directly with the imminent arrival of digital audio-tape, suggesting a legally binding licence for commercial duplicators. But for existing home-tapers, the Commission prefers to allow each nation state its own decision as to whether to introduce a levy on blank tapes as compensation for musicians, composers and record companies. Lobbyists for music industry interests have been quick to point out the contradiction between this laissez-faire attitude and the aim of one Europe-wide policy. They have also drawn attention to the omission of any mention of the harmonisation of the period of copyright protection for recordings. Currently this varies from twenty to fifty years and it has given rise to two important test cases involving Elvis Presley and Cliff Richard repertoire from the 1960s. The EC Commission proposals will now be considered by the European Parliament and the government of the twelve countries. Their final decision on copyright harmonisation may not be reached before the 1992 deadline.