Creative Commons - Belgium

[Hannelore Dekeyser <hannelore.dekeyser AT law.kuleuven.be>]

Wouter Vanden hove wrote:
> Hello,
> 
> I would like to hear some opinions about the IFPI-petition in attachment.

Personally, I find this argument rather weak.

Originally, the protection for authors was 50 years after death in the
Convention of Bern.
Then one country (I believe Germany) increased the term to 70 years
after death. Other countries followed.

Then the U.S. went one step further and has increased the term to 95
years for certain works.
http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act

According to IFPI's logic, Europe should do the same. This is a
never-ending story of course.


I agree with the position of prof. Boyle and others: proponents of
increased copyright protection should prove that this will benefit
society as a whole.
http://www.law.duke.edu/boylesite/experiment.html

Personally, I am sceptical that another 20 years of protection will
greatly boost creativity.
I do see that the internet multiplies the value of works in the public
domain for society as a whole.

> 
> Exactly what is protected for 50 years?
> 
> A songwriter writes lyrics for a song.

This is protected untill 70 years after the death of the songwriter.

> a performer sings this song in agreement with the songwriter and puts it
> in a record to sell.

The singer is protected 50 years after the performance was done (e.g.
live concert).
For recordings of performances (= records, video's, ...) the protection
is 50 years after first distribution of the recording (e.g. sale of DVD)
or first communication to the public (e.g. tv broadcast).


> 
> Then what happens after 50 years?

The performer no longer has a monopoly on the exploitation of the
performance.
The songwriter still has the monopoly on the lyrics, which is important
for people who want to make a new performance or remix the old performance.

I'm not sure if the *songwriter* has some control over the exploitation
of the performance after the 50 year protection period. The assumption
is that the performance was made with his permission in the first place.

> All royalties stop to the singer, but not the songwriter?
> 
Probably. I'm not an expert on the compensation rules in Belgium.

Hannelore

> 
> 
> Wouter
> opencursus.org
> vrijschrift.org
> 
> 
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-- 
Hannelore Dekeyser
Legal researcher

Interdisciplinary Centre for Law and ICT (ICRI) - K.U.Leuven
www.law.kuleuven.ac.be/icri/    -       www.ibbt.be