You Never Give Me Your Money


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Todd Chanko | November 30, 2006, 10:45 AM

“You never give me your money,” sang Paul on their last album, Abbey Road. Unfortunately, if the UK Treasury has its way, in the year 2019 EMI will lose the copyright on the original sound recording of the 1969 release – and neither Paul, nor EMI will get a farthing from future sales in the EU. At issue is UK and EU copyright law, in which records are protected a mere 50 years from the date of recording. Producers have been lobbying the UK to extend copyright protection to 95 years but the UK Treasury – our analog concerning copyright is the US Library of Congress – is rumored to maintain the status quo when it issues a recommendation on December 6th.

What is not at stake, however, are the underlying musical compositions. Lennon-McCartney will continue to receive their percentage of performance royalties and other revenues generated from their considerable body of work. UK copyright for songs is life of the author plus 70 years, not dissimilar from what prevails in the US.

In our digital age, this situation presents something of a sticky wicket. Apple – that is, Steve Job’s Apple – is about to sign a deal with Apple Corps in which the Beatles’ catalog would be available on iTunes. While the sale of, say “Can’t Buy Me Love” would continue to generate royalties for the underlying composition far into the foreseeable future, what will happen in 2014 to the digital sale of the song itself – at least in the EU? It means that whatever deal is struck now for iTunes, at that time, in Europe at least, anyone can sell – or try to – “Can’t Buy Me Love.” How valuable, then, is any money that Steve Jobs is forking over to Apple Corps? The situation also demonstrates how DRM need be as flexible as possible – so that if I were a Liverpudlian and later this month I were to buy “Abbey Road” from iTunes, will Fairplay take into consideration that ultimately my purchase may need to be unshackled from its iPod prison?

Will Steve Jobs be singing “and in the middle of the celebration, I break down?”



 
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