Copyright Law

Argentina Extends Copyright “Protection” Term by 20yrs

Lengthens from 50 to 70 years, but critics point out law is retroactive to cover works already in the public domain resulting in a “silent form of privatizing what belongs to everyone.”

Copyright laws are always in a state a flux as entertainment industry groups lobby politicians around the globe to strengthen their grip on content under their control.

Such is the case in Argentina where copyright holders, unsatisfied with a mere half century of a monopoly of distribution of creative content, have successfully convinced legislators there that 70yrs, nearly three-quarters of a century, is a much better “modification” to “improve incentives for producers to invest in the recording of music in Argentina.”

“It means that performers can benefit from the royalties on their recordings into their old age when they can no longer as easily perform in live venues,” says an International Federation of the Phonographic Industry (IFPI) press release.

Nevermind the average life span is a mere 75.2yrs which, unless an artist makes it big while in pre-school, will have more than enough time to ensure they can earn a living from their work.

So who does it really benefit? Music producers and record labels whose business concerns are sure to outlive the artists they always claim to be so concerned with.

“I would like to thank all those who supported this new law which will benefit the music community in Argentina,” says Leopoldo Federico, president of Argentine Performers Association (AADI). “It will improve incentives to invest in future recordings and also helps older performers who had faced losing their rights just when they need them the most.”

I don’t think very many “older performers” were really in danger do you?

Javier Delup , executive director of the Argentine Music Industry Chamber (CAPIF), added: “This new law is good news for Argentine culture. It promotes the creation of new music and safeguards the rights of performers and producers both here and abroad.”

But, as critics point out, the law is really bad news for Argentine culture due to the fact that many creative works will now revert from the public domain back into private hands.

“In the public domain is the culture full and free to use, regardless of who may or may not pay for it,” writes a group of "free culture organizations" such as Wikimedia Argentina, La Tribu Community Radio, and RedPana in a letter to Argentinean legislators. “Extending the economic rights (in short, the commercial belongs to everyone.”

They point out the irony in the argument that the country must extend commercial monopolies of content in order ensure the public can enjoy new ones, that in order to create new cultural works we must lock up existing ones even longer.

It doesn’t make sense to them any more than it does I.

They also point out that Argentina is a signatory to the United Nations Declaration of Principles of the World Summit on Information Society which reads:

(art. 26) A rich public domain is essential for growth of the Information Society, and creating multiple benefits such as an educated public, new jobs, innovation, business opportunities and the advancement of science. Domain Information public should be easily accessible to support the Information Society and should be protected from misappropriation. Should be strengthened public institutions such as libraries and archives, museums, cultural collections and other community access points for promote the preservation of documentary records and free and equitable access to information.

Extending the copyright term from 50 to 70yrs is precisely the opposite of what the country pledged to do when signing it.

That sadly doesn’t seem to matter.

Stay tuned.

jared@zeropaid.com

Full post as published by ZeroPaid on December 28, 2009 (boomark / email).