[pp.int.general] URGENT! Term Extension of Related Rights in Sound Recordings in EU

[Amelia Andersdotter]

On 6 May 2010 02:11, Patrick Maechler v/o Valio <pirate at valio.ch> wrote:
> Richard Stallman wrote:
>>     > If the phonogram term extension goes through, will that create a new
>>     > legal prohibition on distributing/showing Sita Sings the Blues in Europe?
>>
>>     Think that doesn't matter, since the recordings used are not free.
>>
>> If it offers a base to fight the battle, it ought matter.
>
> 1) Either there was already no prohibition on that film or

once unprotected, always unprotected. that's why they're so keen to
get the extensions in place on time.

like, you will have noticed how they're just now like 3 years before
schedule on the paul mccartney rights expiring :P

/amelia

> 2) it's unlikely that a new legislation will change a lot.
>
> Said differently:
> 1) Either it was already public domain and it is extremely unlikely to
> be tackled by a new legislation or
> 2) there might be some sort of legal prohibition, that is likely to be
> extended in terms of length (but not anything else) by a new legislation
>
> From a moral grounds view it's almost impossible to justify putting
> anything that was in the public domain "back" into copyright. Anyone in
> the EU won't be eager to have a court case like Dastar Corp. v. 20th
> Century Fox Film Corp. repeated...
>
> A central point of debate will be the Beatles recordings for sure; some
> of those would enter the public domain as soon as by 2013.
>
> - pat
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-- 
Amelia Andersdotter
Lissabon-MEP
+46 722063698