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On Copyright Extension – Sharon Bowles, MEP

Speech by Sharon Bowles MEP delivered to European Parliament, and Charlie McCreevy, Commissioner for Internal Market and Services on Thu 23rd Apr 2009

Retrieved from http://www.sharonbowles.org.uk/speeches/000035/on_copyright_extension.html

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Commissioner,

Despite an enterprising charm offensive from yourself and your services, I still can not support this proposal to extend the copyright term.

I know the proposal was well meant. But in the digital era, when the way in which recordings are distributed is rapidly changing, why should we make an irreversible change by extending a system that, at its core, still operates with contracts and a structure more relevant to physical distribution and sale? The only hope to rescue that situation is to address the matter of contracts that have become unfair over time, and this has not been done. We should be making it clear that assignments for life without renewal clauses are no longer acceptable and one of the prices recording companies must pay for any extension.

A lot of commendable work has been done to impose good conditions in return for the extension, but I fear these bolt-on additions do not render it fully fit for purpose in the long term future. They also contain their own inconsistencies and unfairness due to the fact that the contract matter has not been addressed..

I have looked for a compromise that I could live with and did offer the idea of limiting the term extension to recordings published before 1975 as appears in the ALDE amendments 81 and 80, which are compatible with the main package. I admit this is a ‘fix’ for the rock and roll era that is concentrating minds right now, and which saw both an explosion in popular music and remarkably poor contracts.

But such an amendment would not put us in an irreversible position for all newer recordings. It would see us through to the end of the current model of recording companies who are, when all is said and done, the main beneficiaries of, and agitators for, this extension.

And it would give us time to reflect on and develop more performer-oriented proposals, really fit for the digital age.

If you came back addressing the points that I have raised, then it could be a package worth voting for, but otherwise I can not support it.

Deleting NZ Music

Peter McLennan writes (on Facebook):

WHAT THE???? Amplifier.co.nz just had to delete titles by JPSE, Mint Chicks, The Bats, HDU, Garageland, Kilgour, Knox, SJF, as Warners not repressing. Lets hide our musical heritage under a rock so no-one can hear it! IDIOTS! Haven’t they heard of the long tail? Jeeeeeeeezzz…..

These are legendary and important artists in the NZ Music canon, released on the Flying Nun label over the past 25 years or so. Originally a staunchly independent and groundbreaking record label, Flying Nun’s catalogue is now owned by a major.

The idea that a site that provides digital download site would be required to stop making available this material because it isn’t being ‘repressed’ seems insane. It’s possible, of course, that there’s a lot more to this – and that the material is only being removed from Amplifier because of some deal elsewhere (Vodafone’s music website perhaps? NZ iTunes?).

However – as NZ’s oldest and most established local music download platform, not having your classic Flying Nun albums available in any form is beyond bizarre. The only thing I can think of is an attempt at artificial scarcity in the build-up to another FN boxed set.

I’m going to try and get an interview with someone at Amplifier about this. And Warner Music NZ.

Teaching music programming

Those previous posts in which I’ve quoted the Intellectual Property Office’s guidelines (rules?) on fair dealing with regard to study and research don’t quite cover something I need to do in order to teach a class on Music Programming.

By ‘music programming’, incidentally, I don’t mean in the sense of programming beats or using sequencers. I mean it in the radio sense of selecting and putting together a series of songs in a particular order. That is, a playlist.

The module is part of the radio curriculum, but I encourage music industries students to study it as well. It’s about the way in which music creates meaning – not just in and of itself, but when arranged into a narrative over time.

We discuss musical genre, musicological features, instrumentation and the fact that the meanings we associate with pieces of music are frequently distinct from their author’s original intention. Jazz, for instance, is often used to conjure notions of sophistication and class, when their original contexts and meanings were often political, popularist or counter-cultural.

In order to effectively teach these concepts, it’s necessary for students to create their own compilations that respond to a brief. Assemble a short collection of music that would make sense as a soundtrack for a romantic comedy. Or that would suit being played in a bar on Broad Street. Or a skate shop. Or throughout a TV gardening programme. Or a science-fiction first person shooter computer game.

They collect pieces of music that include specific instruments and think about the connotations of the sound of those instruments. What does a banjo ‘mean’? A vibraphone? Steel drums? Pipe organ? Theremin?

The students are also challenged to research unfamiliar genres – from Zydeco to Grime, Bebop to Death Metal – and come up with playlists that would be meaningful to fans of those genres. And they’re also encouraged to think about how a selection of songs would make sense to a niche audience within a specific geographic area – as you might do if you were programming music for a radio station.

Of course, peer feedback is important – so swapping those compilations and playlists among their fellow students is important, so that what one student learns can be transferred, listened to, reflected upon and developed among classmates.

Naturally, the best way to do this is through a combination of blank CDs, filesharing websites, mp3 blogs, and other people’s record collections. This is not something that would have been quite so possible even ten years ago. And the potential for the study of musical texts in this way is quite exciting.

Sadly, none of this seems to fall within the parameters of fair dealing.

Lucky we don’t authorise or condone anything like that.

Fair Dealing

Definition of Fair Dealing according to the Intellectual Property Office:

In certain circumstances, some works may be used if that use is considered to be ‘fair dealing’. There is no strict definition of what this means but it has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use. Where the economic impact is not significant, the use may count as fair dealing.

So, it may be within the scope of ‘fair dealing’ to make single photocopies of short extracts of a copyright work for non-commercial research or private study, criticism or review, or reporting current events.

Non-commercial research and private study

From the Intellectual Property Office (UK):

You are allowed to make single copies or take short extracts of works when the use is for research that you do not make any money from or for private study, for educational courses or even for use in connection with a hobby.

Limited use or fair dealing is only permitted for non-commercial research and private study when using literary (written), dramatic (theatrical), musical, artistic work (art, photographs etc) or the layout of a publication (the font size, font style, and so on).

The purpose of this exception is to provide students and non-commercial researchers more access to copyright works. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.

If your use is for non-commercial research and/or private study you must ensure that the work you reproduce is supported by a sufficient acknowledgment.

Thanks @jezc