[cma-l] DAB / copyright

Wed Jul 22 19:55:31 BST 2015

Alan

As per my posting of 15:49, it isn't hard to understand.

Messrs Starkey and Martin are entitled to any payments they might have been due
as composers/performers/arranger, through PRS, but EMI is not due any royalties
through PPL for the use of the recording of their work.  The recording is out of
copyright, the original compositions/performances are not.

Alex

> On 22 July 2015 at 19:11 Alan Coote <alan.coote at 5digital.co.uk> wrote:
>
>
> Tony,
>
> So you’re saying that the recording of ‘Love Me Do’ released 5th October 1962
> is out of copyright so Ringo (performer) and George Martin (producer) are not
> due any royalties?
>
>
> Regards Alan
>
>
> On 22/07/2015 16:06, "Tony Bailey" <cma-l-bounces at mailman.commedia.org.uk on
> behalf of ravensound at pilgrimsound.co.uk> wrote:
>
> >That is how I read it, generally, apart from a few "traditional" tunes
> >and early classical composers, most sheet music is likely to belong to
> >somebody, due to the death + 70 rule.
> >
> >Sound recordings in the UK have been protected for 50 years after
> >issue. As you say, this was changed to 70 years by the EU and ratified
> >with effect from 1 Nov 2013 in the UK.
> >
> >However, the change was not retrospective and recordings not in
> >copyright on 1 Nov 2013 remain in the public domain, e.g. issued prior
> >to 1 Nov 1963. I understand it was custom and practice to accept expiry
> >at the end of the relevant year so the previous year 1962 would apply in
> >practice - that's really down to the small print.
> >
> >Regards, Tony
> >
> >On 22/07/15 15:06, Alan Coote wrote:
> >> I think the EU directive was put in place to rationalise the copyright of
> >> all parties involved.
> >>
> >> The 1988 copyright law allowed for the rights for the works i,e, the words
> >> and music to be in place for 70 years from the end of the year that the
> >> last remaining rights owner died. So recordings made two generations ago
> >> would still easily be in copyright.
> >>
> >> If my understanding is correct, the 2013 EU directive puts a 70 year
> >> copyright rule in place for the production of the sound rather than 50
> >> years. The creators of the words and music still have rights to the work
> >> for 70 years after they die as per the 1988 legislation.
> >>
> >> For example if (god forbid) Paul, Ringo or George Martin all popped their
> >> clogs tomorrow the Beatles Love Me Do would be in copyright one way or
> >> another until January 1st 2086.
> >>
> >> I’d be really happy if someone more knowledgeable than I (which won’t be
> >> difficult) could clarify?
> >>
> >> Kind Regards
> >> Alan
> >>
> >>
> >>
> >>
> >>
> >> On 22/07/2015 12:46, "Tony Bailey" <cma-l-bounces at mailman.commedia.org.uk
> >> on behalf of ravensound at pilgrimsound.co.uk> wrote:
> >>
> >>> Now there's a thought Nick - the record companies who went round to 38
> >>> Hertford Street to buy 15 minutes of airtime on a megawatt medium wave
> >>> transmitter in the Grand Duchy. No PPL then!!
> >>>
> >>> I suggest you only play recordings first released in the UK before the
> >>> end of 1962 and tell the record companies that they can pay you if they
> >>> want to hear anything more recent!
> >>>
> >>> EU Directive 2011/77/EU:
> >>>
> >>> In September 2011 the EU approved a directive which extended the period
> >>> of protection from 50 to 70 years for copyright and performers` rights
> >>> in most published sound recordings. This change came into effect in the
> >>> UK on 1 November 2013.
> >>>
> >>> The extension of the term of protection applies only to those sound
> >>> recordings that were in copyright on 1 November 2013 and to any sound
> >>> recordings made after that date. The extended period of protection does
> >>> not apply to those sound recordings where copyright has already expired.
> >>>
> >>> (Hence UK Recordings released before the end of 1962 are expired. For
> >>> 1963 the copyright expiry date is end of 2032.)
> >>>
> >>>
> >>> https://www.gov.uk/government/publications/copyright-in-sound-recordings/copyright-in-sound-recordings
> >>>
> >>> Tony Bailey
> >>>
> >>>
> >>> On 22/07/15 11:22, Canalside's The Thread wrote:
> >>>> RESTRICTIONS is the name of the game .... we'll now see if the Goose and
> >>>> Gander are rolled out LOL I bet you they aren't ...
> >>>>
> >>>> The rules appear to be ''whatever suits'' write em down on the back of a
> >>>> fag packet and make it up as you go along.
> >>>>
> >>>> Do you not get the feeling that technically, we're getting kicked from
> >>>> all
> >>>> sides ...........apologies everyone, am I playing that sympathy card
> >>>> again ?
> >>>> LOL
> >>>>
> >>>> With reference to DAB I was reading in one National Newspaper on Monday a
> >>>> rather large article (Express / Mail ??) not sure ? that DAB in some
> >>>> Countries had been successful ... but here in the UK it had technically
> >>>> 'bombed' and was about as popular as passing wind in a space suit
> >>>>
> >>>> Good ol' FM and Medium wave OF COURSE ... some of my happiest times as
> >>>> a 15/16/17 year old in the mid-seventies was tuned into my little
> >>>> transistor
> >>>> Radio on 208 metres Medium wave Radio Luxembourg ... Bob Stewart Top 40
> >>>> countdown ... that awful reception in winter when it used to fade in and
> >>>> fade out with an element of distortion .not acceptable now of course but
> >>>> then ! no one bothered, it was part of fixture and fittings
> >>>>
> >>>> Great Days
> >>>>
> >>>> Nick
> >>>>
> >>>> -----Original Message-----
> >>>> From: cma-l-bounces at mailman.commedia.org.uk
> >>>> [mailto:cma-l-bounces at mailman.commedia.org.uk] On Behalf Of fantasy
> >>>> office
> >>>> Sent: 21 July 2015 21:47
> >>>> To: cma-l at mailman.commedia.org.uk
> >>>> Subject: [cma-l] DAB
> >>>>
> >>>> What a great idea... stick a whole new extra tranche of stations on in
> >>>> your own area to compete with. A financially unsupportable notion.
> >>>>
> >>>> Sorry, it cannot work. There is only a finite amount of money available
> >>>> for advertising in any given area and almost nothing in the way of
> >>>> grants or donations.
> >>>>
> >>>> Phil Dawson
> >>>> FANTASY RADIO 97FM
> >>>> Devizes, Wiltshire.
> >>>>
> >>>>
> >>> --
> >>> Local Reports at http://www.ravensound.pilgrimsound.co.uk
> >>>
> >>> _______________________________________________
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> >
> >--
> >Local Reports at http://www.ravensound.pilgrimsound.co.uk
> >
> >_______________________________________________
> >
> >Reply - cma-l at commedia.org.uk
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>
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