Despite the British government’s disinclination to extend the current 50 year copyright term for sound recordings, the European Union is considering extending the term to 95 years. The copyright for a song or music selection is currently split – with performance and sound recording rights going to the singer, band, musicians and technicians, and publishing rights, covering lyrics and sheet music, owned by the writer, or a music label. The publishing rights currently last for the lifetime of the writer plus 70 years.

The proposal includes a “use it or lose it” provision that could enable performers to switch labels if the record company is unwilling to re-release a performance during the extended term. A number of high profile performers who rely more on performance than songwriting royalties, such as Sir Cliff Richard and Roger Daltrey, have visibly lobbied to protect their own interest in this matter.

More contentious is a proposal to revisit levies on blank media. Internal Market Commissioner Charlie McCreevy announced the proposals for a performer copyright extension and his plan to have the blank media levy debated at a Brussels press conference earlier this month.

McCreevy said he does not intend to question the right of a copyright owner to receive compensation for private copying, but to try to resolve the incoherence in the amount and application of levies across the EU. He said he has no preconceptions about how the debate will turn out.

Blank media distributors have praised the Commission for stepping to “put a little more order” in a levy system which varies as much as one to six times from one product and country to another. Blank media includes storage devices such as USB keys, external hard disks and memory cards.

A call for policy debate has a deadline of April 18 with a public meeting scheduled in June to see if there is consensus among interested parties.

In Canada, subject to certain provisions, the copyright in sound recordings is set at 50 years following first publication, whereas the composition remains protected until, 50 following the death of the lyricist and composer.