Thank you DS!
OK. So let's see if I got it right.
Authors get the rights while they are alive no matter how many years have passed.
If they write their masterpiece at 15 and live up to 115 this means 100 years.
And then after they die the rights go to his family for another 70 years.
I guess the same goes for lyrics.
But does it stand for the musical composition as well?
Yes
So the author of a book actually never stops receiving rights from his work, because his work will become public domain 70 years after his death.
But the lyricist in a way loses his rights 70 -100 years after the original day of the first recording?
No, he wrote song so he is consdered as an author.
The basic logic is :
- the creative work form the mind (writer, author, composer, arranger) are under the author right and paiment to them are due on every support / media / transmission/ diffusion done : passing + 70 years. When more of one author participate the 70 year count start when the last surviving of the "team" pass away.
- the editor, producer and the performer : exclusivity and mechanical rights during 70 years following the first publishing
Example based on UE system :
Reccord : Hound Dog - song first published in 1953
Release date : February 1953
Performer :Big Mama Thornton
Label : Peacock Records
Author : Jerry Leiber (lyricist) and Mike Stoller (composer) -
Producer : Johnny Otis (officialy - actualy it was Leiber and Stoller but not credited as it)
Publisher : Spin Music
Under the author system :
Author right until 70 years after passing
Production right until : 50 years after first publication (beware old system, now 70 for recordings published after january 1st 1963)
Jerry Leiber (lyricist) : receive fees each time his lyrics are reproduced (sung or written...)
Passed in 2011 so Hound Dog Lyrics are protected until 2081 (2011+70)
Mike Stoller (composer) : receive fees each time his music is reproduced (performed or written...)
Still alive so can't be determined now but at least until 2083
Big Mama Thornton and Johnny Otis : royalties and mechanical fees from 1953 until 2003.
From 2004 onward they have received nothing.
Peacock Records : had exclusive rights to exploit the tape until 2003 (1953+50). Since 2004 any record label can publish this recording but have to pay the author's right to Jerry Leiber and Mike Stoller.
Spin Music : had exclusive rights to exploit printings of the music and lyrics until 2003 (1953+50). Since 2004 any publisher can print lyrics and /or music but have to pay the author's right to Jerry Leiber and/or Mike Stoller.
So if he recorded at 15, he stops receiving money at 85 from Europe and 115 from the US?
Or is it that he still receives rights from the printed form of the lyrics but not from the recording containing them?
(The recording itself becomes public domain in Europe after 70 years and in the US in 100 years after)
Lyricist being an author he will receive money from everybody who use his work.
Each time a record is sold he gets his authors right on it.
Not the performer. He gets it only from the recording use and for 70 years after the recording date.
I understand the copyright versus author rights and I believe that author's rights have a logic, although this extend of years is beyond reason and most probably the big corporations lobbied for the extensions.
Of course. Actually the "passing +70 years" was also to protect the family of author who could die early in age. Dying at 30 this allowed his surviving to get the money at least until 80 at a time when 80 years old was considered quite very old. Now people live longer life and this meaned that some eldest could see their income cut before they die.
