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The EMI boss, speaking at a private seminar at 11 Downing Street, complained that “the views of those who oppose the concept of copyright protection appear to resonate more with Government than (the views of)those who create the work”.
He added that “by simply asking that British performers be brought into line with other artists, we’ve triggered responses from some quarters that range from the irrelevant to the hysterical”.
Next week, Andrew Gowers, the former Editor of the Financial Times, is expected to unveil the conclusions of a review into intellectual property, conducted at the request of the Chancellor. Mr Gowers is thought not to have been persuaded of the arguments in extending the 50-year limit — which means that some Cliff Richard songs, for example, are going out of copyright — to match the 95-year term in America.
Before an audience including Tessa Jowell, the Culture Secretary, and Alan Yentob, the BBC’s creative director, Mr Nicoli said that “the anomaly will put the UK at a disadvantage and will jeopardise future investment”.
EMI’s arguments have been weakened by lukewarm support elsewhere in the sector. Universal, the market leader, is thought to have impressed Mr Gowers by emphasising the importance of breaking new acts over creating a longer royalty stream. Across Europe, royalty payments for performers last 50 years after the song is first performed. For all other writers, including songwriters, the copyright term lasts for 70 years after the author’s death.
“Why shouldn’t Paul McCartney singing Yesterday be able to own his work for as long as Wayne Rooney or Jordan own their autobiographies?” Mr Nicoli asked.
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