§ Baroness Hamwee asked Her Majesty's Government:
§ What steps they are taking to reduce the discrepancy between the life of copyright for sound recordings in the United Kingdom (generally life of author plus 50 years) and in the United States (now between life of author plus 70 years and 125 years).
§ The Minister of State, Department of Trade and Industry (Lord Simon of Highbury)My Lords, the sound recording copyright term in the UK is governed by EC law and the UK neither wishes to nor can legislate unilaterally. We see no grounds for an increase, particularly since UK recordings should not be at a disadvantage in the US as we understand that they receive the same terms there as US recordings. To raise the EC term of 50 years from release or making of a recording to US levels would clearly be very difficult since it would mean at least doubling it.
§ Baroness HamweeMy Lords, I thank the Minister for that Answer. How do the Government intend to assist the British recording industry, particularly in the era of the Internet when a US licensee of a recording may upload it from the US and download it in the UK, creating income in the US with the UK losing out?
§ Lord Simon of HighburyMy Lords, at first instance we do not understand why UK companies should be at a disadvantage since UK recordings receive the same terms in the US as US recordings. We believe that UK companies should be able to obtain payment through their US licensees for the use of their product in the US such as uploading onto the Internet as the noble Baroness instanced.
Viscount St. DavidsMy Lords, can the Minister inform the House what the United Kingdom authorities will do to stop blatant piracy by companies based in the EU which have CDs manufactured in such countries as Croatia?
§ Lord Simon of HighburyMy Lords, I am not aware that those products are being manufactured in Croatia under the terms of copyright. If that is the case I shall provide the noble Viscount with an answer. We shall have to study that case. Of course, in this context we are talking about copyright law.
§ Lord RazzallMy Lords, does the Minister accept that his response to my noble friend is somewhat 1140 disappointing? Does he also accept that this is a matter of concern to the UK record industry, and will he undertake to look further into it?
§ Lord Simon of HighburyMy Lords, as I said in my Answer, since a UK manufacturer receives the same terms in the US as a US manufacturer I have yet to understand the disadvantage that is put to me. The 50-year law that applies across Europe is a standard that is adopted in most parts of the world. The US applies a different term but it adopts a different principle; namely, the concept of works for hire. Since we do not recognise that concept within our copyright law we are perhaps comparing apples and pears here. I would need to understand much more clearly the real disadvantage that faces UK manufacturers.
§ Baroness HamweeMy Lords, given the Minister's answer, is he prepared to meet representatives of the British recording industry, who may be able in private discussion to explain their concerns, and perhaps expand the debate?
§ Lord Simon of HighburyMy Lords, I am sure that, as always, the DTI is prepared to take submissions and to be educated. That is very good for it.