Britain’s growing ranks of ageing rock stars can put the comeback plans on hold. Pension-aged veterans of the pop scene may once have sung about the merits of dying before they got old but in recent years they have been more concerned about expiry of the copyright on music they first performed 50 years ago and the end the royalties that go with it.

Now the European Commission has struck a chord with the rock dinosaurs and their music companies by proposing that the rights for recorded music be extended from 50 to 95 years.

The extension, which was championed by the likes of Sir Cliff Richard and Roger Daltrey of The Who, would ensure that their hits would no longer go out of copyright in a performer’s lifetime.

Britain has opposed the change. But the proposals are a boon for hard-pressed music companies, in particular Britain’s beleaguered EMI, which controls the early work of the most lucrative act of all, The Beatles. Their first hit, Love Me Do, is less than five years from falling into the public domain. The Rolling Stones, whose early work is controlled by Universal Music, began releasing singles in 1963.

Charlie McCreevy, Commissioner for the Internal Market, said that he “had not seen a convincing reason” why performers should not get similar treatment to songwriters, and all other writers, whose copyright term lasts 70 years after their death. “It is the performer who gives life to the composition,” he said, “and while most of us have no idea who wrote our favourite song, we can usually name the performer.”

The prospective change applies to all performers, regardless of nationality, releasing music anywhere in the European Union, and brings Europe into line with the United States, where the copyright term has been 95 years since it was extended in an act sponsored by the late Sonny Bono, the singer turned congressman.

The Commission’s decision comes just over a year after the British Government rejected a lobbying campaign by Sir Cliff, 67, and musicians such as Roger Daltrey. A review conducted on behalf of Gordon Brown, when he was Chancellor, by Andrew Gowers concluded that the argument boiled down to “one company and one band” referring to EMI and The Beatles. Consumers would benefit from reduced prices once albums like Sgt Pepper’s Lonely Hearts Club Band came into the public domain, the review found.

It was the lobbying of continental European nations, Spain, Italy, Germany and finally the intervention of France that persuaded the Commission to ignore the British position, even though the UK is the largest music market in Europe and the only meaningful exporter to the US.

A fortnight ago France said it would lobby aggressively for the extended term. A few days earlier Johnny Hallyday, the ageing rocker, was invited to a birthday party for President Sarkozy organised by Carla Bruni, the super-model and singer who is now his wife. Hallyday’s first hit dates back to 1960.

Critics said that extending copyright would benefit only a few artists. Becky Hogge, from the campaign group Open Rights Forum, said: “A handful of artists will get most of the rewards, and it is not clear this will benefit the economy.”

In an effort to head off criticism, the Commission plans to introduce a fund – amounting to 20 per cent of all the extra revenues – which would give cash and help to session musicians.

Paul McGuinness, the manager of U2, said that the change “will help new bands get more investment” from record companies, although the extra revenues generated are likely to be modest. An economic analysis produced in 2006 concluded that it would add 1 to 2 per cent to sales and cost the consumer up to £10 million in higher music prices.

Going for a song:

Coming out of copyright 2008-2013:

1958:

Elvis Presley Jailhouse Rock

Jerry Lee Lewis Great Balls Of Fire

Perry Como Magic Moments

Conway Twitty It’s Only Make Believe

1959:

Buddy Holly It Doesn’t Matter Anymore

Sir Cliff Richard Living Doll

Bobby Darin Dream Lover

Russ Conway Side Saddle

1960:

Roy Orbison Only The Lonely

Lonnie Donegan My Old Man’s A Dustman

Emile Ford and the Checkmates What Do Want To Make Those Eyes At Me For

Everly Brothers Cathy’s Clown

1961:

Shirley Bassey Reach For The Stars

Johnny Hallyday A new Orleans

The Temperance Seven You’re Driving Me Crazy

Del Shannon Runaway

1962:

Ray Charles I Can’t Stop Loving You

Sir Cliff Richard The Young Ones

Frank Ifield I Remember You

The Tornados Telstar

1963:

The Beatles She Loves You

Gerry and The Pacemakers You’ll Never Walk Alone

The Searchers Sweets For My Sweet

Billy J. Kramer and the Dakotas Bad To Me

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