The duration for a work is protected under the related rights differs from the duration of copyright protection. Although the work of a performing artist and that of a producer can be categorized similarly in relation to the Copyright Act, the duration of protection is different. In the following, both cases are elaborated.
As a rule, performing artists' rights remain in force for 50 years after the end of the year of the performance . Thus, the term of protection starts only in the beginning of the following year. If the performance is recorded on a phonogram and the recording is then published or made public within the afore-mentioned time, the term of protection will remain in force for 50 years after the end of the year, during which the recording was published or made public.
Producers of Audio Recordings
As a rule, the rights of phonogram producers remain in force for 50 years after the end of the year, during which the phonogram was recorded. If the audio recording is published within 50 years of the recording year, the term of protection will remain in force for 50 years after the end of the publishing year. Publish refers to making legal copies of the audio recording available to the public, e.g. selling CDs in a record store.
However, if the audio recording is not published but is made available to the public in some other way than through the distribution of physical copies of the recording within 50 years after the end of the recording year, the term of protection will remain in force for 50 years after such instance of making the recording available to the public. This applies, e.g. if the recording is made available to the public on the internet. In that case, the term of protection will be in force for 40 years after the year, during which distribution on the internet started. This also means that different terms of protection apply to the performing artist and the phonogram producer if the phonogram is made available to the public on the internet within 50 years of its recording year.
The European Parliament and the Council have amended the Directive 2006/116/EU in September 2011. According to directive the term of copyright for fixations of performances in sound recordings and for sound recordings themselves is extended from 50 years to 70 years counted from the date of publication or communication to the public. Additionally, if record producers fail to market a recording, performers can get of their rights back and market the record themselves, ʻuse it or lose it’ provision.
Notes and References
 Copyright Act