Government announces sweeping changes to copyright law

Vince Cable, Secretary of State for Business, Innovation and Skills, has announced significant reforms to the UK copyright laws to bring the laws more in-line with the digital age.  These reforms are in response to the report prepared for the government by Professor Hargreaves ‘Digital Opportunity: A review of intellectual property and growth’ which was published in May 2011.

Here, Appleyard Lees attorney, Philip French, summarises the reforms proposed by the government:

Changes to the law on copying of copyright material
At present it is illegal to copy copyrighted material from one format to another, so technically it is illegal for a private individual to copy a CD onto a portable device such as an iPod™.  The proposed reforms would introduce exceptions for limited private copying and therefore legalise consumer’s current practice.

Parodying of copyrighted work
Reforms to allow performing artists, such as comedians, to parody someone else’s work without seeking permission from the copyright holder.

Digital Copyright Exchange
The Government believe that the UK should have a Digital Copyright Exchange, a digital marketplace where licenses in copyright content could be brought and sold.  A feasibility study will now begins to establish how this would work look and work.  However, this could be costly to run so it is unclear how this would work in practice.

Data mining
Currently copyright law restricts researchers, such as medical researches, from search and analysis of database sources, since permission is required from the database copyright owner.  The Wellcome Trust estimate that 87% of the material held in the UK’s main medical research database is unavailable for this reason.  The reforms would introduce exceptions to the copyright law to allow this data mining.

Orphan works (material with unknown copyright owner)
Reforms to establish licensing and clearance procedures for orphan works.

Along side these reforms, the government has published a new intellectual property crime strategy and an international strategy for intellectual property.  The crime strategy outlines how the UK Intellectual Property Office will continue to enforce IP crime issues in the UK and the international strategy set’s out the UK’s five year strategy to get the international intellectual property framework in the best possible shape to support innovation and growth.

The Government suggests that these changes could boost the economy by up to £7.9 billion.  However, this does appear quite ambitious, only time will tell.

The Government have not said when these changes are likely to become law, although a White Paper is promised in Spring 2012 and the Government’s goal is for measures to be in place by the end of this Parliament.

For more information please contact Philip French.