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The rock dinosaurs of the 1960s are in line for a spectacular windfall after the EU announced plans yesterday to extend musicians’ entitlement to retrospective royalties from 50 to 95 years.
Sir Paul McCartney, Sir Cliff Richard and Roger Daltrey have all campaigned for what the record industry calls “the Beatles extension”, which will guarantee most artists royalties covering their entire careers.
The first Beatles recordings will come out of copyright in 2012 and EMI, which owns them, has been a leading campaigner for the change in legislation. Sir Cliff, 67, sees his first hit go out of copyright this year but under the EU proposal he would not lose a penny before his 113th birthday.
Daltrey, lead singer of The Who, has said that thousands of musicians have no pensions and rely on royalties in their old age. For many campaigners, however, the extra income is probably not essential for paying the winter heating bills. Yoko Ono and Barry Gibb were among 4,500 who took out a newspaper advertisement in 2006 calling for 95-year copyright control.
When the Government resisted their call, arguing that most performers would not benefit, the record industry pledged to take the fight to Europe. At the time, Sir Cliff said: “I’m absolutely fed up with singing Living Doll but I have sung it constantly since 1959 because every time I sing it live it generates sales of the original record and royalties to me.”
Charlie McCreevy, the Internal Market Commissioner, said yesterday that performers’ rights would be brought into line with those of authors, as is the case in America. He said: “A 95-year term would bridge the income gap that performers face when they turn 70, just as their early performances recorded in their twenties would lose protection. They will continue to be eligible for broadcast remuneration for performances in public places and compensation payments for private copying of their performances.”
President Sarkozy of France - a close friend of the venerable crooner Johnny Hallyday - had vowed to try to push the deal through the EU during France’s six-month presidency, which started this month.
Opponents of the proposal say that music lovers would suffer from an end to cheap compilations of old recordings. A government spokeswoman said: “The Government is not convinced that there is an economic case for extending the copyright term for performers. We would need to be convinced of real benefits, particularly that it is truly the performers who will benefit rather than the record labels.”
John Smith, of the Musicians’ Union, said that thousands of unsung heroes of vinyl would benefit. “Countless session musicians who have contributed so significantly to the musical heritage of the UK will greet this recognition with delight and relief.”
Anthony Baldwin, a musician and sound engineer who restores old recordings, said that the proposals marked a black day for music fans. “If the legislation gets through, you can say goodbye to independent European vintage CD reissues,” he said.
The proposals will be considered by the European Parliament and need majority approval by ministers.
Herbie Flowers, who played bass on Lou Reed’s Walk on the Wild Side and David Bowie’s Space Oddity, said: “The term of protection for performers has not kept up with life expectancy and it is high time it was changed. I played on a couple of very successful tracks, and it would be unfair for me to stop receiving income for these performances after 50 years - probably just at the time when I will need it the most.”
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