Opinion: Cliff’s Law is more than just a boost to aging rock stars

AGEING rock stars’ pensions were given a boost by the European Commission (EC) by the recent adoption of the unfortunately titled “Cliff’s Law”. One aspect provides performers with the right to earn royalties for an extra 20 years.

Over the past few years, artists ranging from Paul McCartney to Roger Daltrey to, yes, Cliff Richard have backed a campaign to increase the term of copyright protection in sound recordings from 50 years to 70 years.

The EC has finally agreed, and provided the music industry with a much-needed shot in the arm. But before artists and labels get too excited, this additional income stream is not expected to be available until 2014.

Unsurprisingly, the public has been underwhelmed by this development – how many Bentleys do they want? But it shouldn’t be forgotten that the major impact of this pending law is likely to be in relation to session musicians, not the Bonos of this world. Major rock stars, particularly those who write the songs, still benefit from much longer copyright protection.

This law will aid the performers, including those who were paid a flat fee for the fruits of their labour. As the law stood, their income stream dried up after 50 years (some before) even when their performances were being broadcast or sold beyond this period.

Studies suggest that, partly due to life expectancy, 70,000 performers will lose airplay royalties over the next 10 years if the law is not changed. It’s not rocket science – if an artist is paid his or her dues (and not forgetting the labels) they are more likely to spend their time creating the music which shapes our lives.

Lest we forget, as an accomplished musician pointed out, you can never underestimate the power of a brilliant guitar or bass line or amazing beat to make a good song great. Often, that creative spark is provided by the performers, not the songwriter. Why shouldn’t they reap the benefits of their creative talent into old age?

The EC has effectively extended the pension scheme for many deserving recipients. Perhaps many performers will no longer hope to die before they get old.

SEAN CROTTY is a partner at Weightmans LLP specialising in intellectual property, media and entertainment law

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